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(영문) 인천지방법원 부천지원 2017.09.22 2017고합171

강제추행

Text

A defendant shall be punished by imprisonment for one year.

The information on the accused shall be disclosed and notified for a period of five years.

Reasons

Criminal facts

On June 8, 2016, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendant") were sentenced to imprisonment with labor for more than ten months due to forced indecent conduct at the Incheon District Court on June 8, 2016 and completed the execution of the sentence on December 26, 2016.

[2] On April 15, 2017, around 13:34, 2017, the Defendant committed an indecent act by force against the victim E (the 19-year-old age-old age-old) by acting as if the victim E (the 19-year-old age-old age-old) was a guest in front of the promise room for the 1st floor of Dweve in Seocheon-si, Seocheon-si. In addition, the Defendant committed an indecent act by force on the part of the victim on two occasions.

[Facts causing an attachment order] In light of the fact that the Defendant has been punished three times as a crime of indecent act by force and one time as a crime of obscene act, and that the Defendant was sentenced to ten months of imprisonment as a crime of indecent act by force and committed the instant crime on December 26, 2016, which again occurred during the period of repeated crime after the execution of the sentence was completed, and that the Defendant’s method of committing the Defendant’s crime is similar to having committed the instant indecent act by force against the women who are employed in the wedding hall, etc., the Defendant committed a sexual crime twice or more, and is likely to recommit the sexual crime.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement made by the police against E [the previous record of judgment];

1. In full view of the following circumstances acknowledged by the record of this case, such as inquiries about criminal history, etc. (A), personal confinement status, investigation report (the previous and the report attached to the judgment, etc.), and the judgment [the risk of recidivism] as stated in the above evidence, the investigation prior to the request, reply to the investigation, and response to the request for observation order prior to the request for surveillance order, as well as the following circumstances, including the defendant’s age, sex, criminal conduct, environment, awareness and attitude of sex, motive, means, and place of the crime of this case, and the circumstances before and after the crime, the defendant is likely to repeat the crime.

(1) On September 9, 201, the Defendant issued a summary order of a fine of one million won for an obscene crime of public performance in the Incheon District Court’s Busan District Court’s Busan Branch Branch on September 9, 201, and the summary order.