beta
(영문) 인천지방법원 2014.04.10 2013고합894

준강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant's disclosure of information about the defendant shall be made through an information and communications network for five years.

Reasons

Criminal facts

On November 9, 2007, the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") were sentenced to a fine of one million won for the crime of indecent act by force at the Incheon District Court on November 17, 2007. The judgment was finalized on November 17, 2007, and on April 2, 2010, the appellate court was sentenced to six months of imprisonment for quasi-indecent act by force at the Incheon District Court on April 2, 2010, reversed the part of the request for attachment order in the judgment at the appellate court, and changed the contents of the order to attach an electronic tracking device for two years along with six months, and was finalized on May 27, 2010. On February 19, 2013, the Incheon District Court was sentenced to ten months of imprisonment with prison labor for a crime of violating the Act on the Electronic Monitoring of Specific Offenders, and completed the execution of the sentence from Gwangju Prison on November 16, 2013.

【Criminal Facts】

On December 16, 2013, at around 10:40, the Defendant committed an indecent act against the victim who was divingd by the victim E (Influence, age 43) and was seated by the victim E (Influence, age 43).

[Fact that constitutes a ground for an attachment order] The Defendant is deemed to have a habit of committing a sexual crime on at least two occasions, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. According to the records of criminal records, investigation reports (the judgment of the same court), investigation records prior to the request [the danger of recidivism of sexual crimes, and recidivism], the Defendant, on August 24, 2006, sentenced the victim's body in the elevator to a fine of KRW 1 million on November 9, 2007 due to the criminal facts in which he met the body of the mixed victim inside the elevator on August 24, 2007, and attached the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her