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(영문) 인천지방법원 부천지원 2016.07.08 2015고합253

강제추행

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The request for the attachment order of this case is dismissed.

Reasons

1. The facts charged in the instant case and the grounds for filing a request for an attachment order [the facts charged] The Defendant, at the first floor parking lot of Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul Office Officetel around March 17, 2015, at around 03:40, may lend the handphone to the victim D (the family name, the 24 years old) who had a house up to the handphone on the Handphones located in the instant building in order to find the seat.

“A request was received”.

Accordingly, the defendant drinks the victim with the mind of forcing the victim to commit an indecent act, and without lending the handphone, "Do".

The term "a." means "a........" "a......" "a..." "a..." "a....." "a......" "a.........." "a.........." "a..........." "a..."

[The ground for filing a request for an attachment order] The person subject to the request for the attachment order (hereinafter “defendant”) constitutes a crime of coercion of this case again committing sexual assault committed on at least two occasions, despite the past record of punishment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.).

In light of the fact that the defendant had the record of the same kind of crime as above, committed an indecent act against the victim requesting assistance by lending the late night phone, and denying the crime, the risk of recidivism is also likely.

Therefore, pursuant to Article 5(1)3 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., a request for an order to attach an electronic device against the accused is made.

2. The Defendant and his defense counsel asserted that he had a temporary physical contact in the process of helping the victim who was fluorted on the first place in the weather, and there was no intention to force the victim to commit an indecent act.

3. Determination

A. The relevant legal doctrine bears the burden of proving the facts charged in a criminal trial, and the recognition of guilt is not likely to have a judge make a reasonable doubt.