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(영문) 부산지방법원 2015.12.18 2015고합611

준강제추행

Text

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

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On August 22, 2014, the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") were sentenced to two years of suspended execution and two years of attachment of an electronic tracking device at the Busan District Court on the grounds of quasi-indecent act by force, etc. on August 30, 2014, and the judgment became final and conclusive on August 30, 2014. On August 20, 2015, the period of suspended execution was six months of imprisonment and two years of attachment of an electronic tracking device at the Busan High Court for quasi-indecent act by force, which became final and conclusive on August 25, 2015, and the above suspended execution is in force in Busan Detention House as of August 25, 2015.

【Criminal Facts】

On September 24, 2015, around 00:20 on September 24, 2015, the Defendant: (a) was the director of the school of the city of Busan, the head of the school of the city of the city of Busan, and (b) was divingd by the victim D (Nam, 34 years old); (c) was the victim's sexual organ; (d) was the victim's sexual organ; and (e) was the victim's panty; and (e) committed several indecent acts.

[Risk of Re-crime] The defendant has seven times of criminal history of the same kind, and the above fact that he/she received an order to attach an electronic device for tracking the location has committed a sexual crime again despite two times, and the same type of sexual crime has been repeatedly committed, and such behavior is recognized, and there is a need to attach an electronic device to his/her body to track the defendant's behavior and confirm his/her location because he/she is likely to repeat sexual crimes in the environment and character and behavior of the defendant.

Summary of Evidence

Criminal facts at the time of sale

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. A working report;

1. Criminal records: (1) According to the inquiry into criminal records, investigation reports (the attachment of the judgment in a case at hand), and the response to a request for investigation into the attachment order, the defendant shall be sentenced to imprisonment with prison labor for one year and two years in a suspended execution on August 22, 2014, for a crime of quasi-indecent act committed by force at the Busan District Court, and the defendant shall be sentenced to imprisonment with prison labor for one year and two years in a suspended execution on August 20, 2015. < Amended by Act No. 13