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(영문) 대구지방법원 2020.05.12 2020고합13

강제추행등

Text

The Defendant is not guilty. The Defendant’s request for the instant attachment order and probation order are dismissed, respectively.

Reasons

1. Summary of the facts charged, attachment order, and facts constituting a ground for requesting a probation order;

A. A summary of the facts charged (1) On May 20, 2019, the Defendant and the respondent for an attachment order, and the respondent for a probation order (hereinafter referred to as the “Defendant”) committed an indecent act by force against the victim by putting on the victim’s chest on the part of the Defendant’s chest on the second floor of the Daegu-gu prison room, located in the 2624-ro B of the Daegu-gu Seoul Special Metropolitan City, the C (Nam, 50 years old), located in the 16:40 on May 20, 2019, the Defendant and the respondent for an attachment order (hereinafter referred to as the “Defendant”) committed an indecent act by force by putting on the part of the victim’s chest on the second floor of the two hand.

(2) On May 21, 2019, the Defendant committed a crime on May 21, 2019: (a) committed an indecent act by force against the victim by putting the victim’s chest on the victim’s chest at the place indicated in paragraph (1) at around 16:40 (1) and stating that “after being sucked fast,” and forcing the victim to commit an indecent act by putting on the victim’s chest part with both hand.

B. On May 17, 2016, the Defendant was sentenced to a suspended sentence of three years and six months on May 25, 2016 by the Suwon District Court on the grounds of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the said judgment became final and conclusive on May 25, 2016. However, on February 1, 2017, the revocation of the said suspended sentence became final and conclusive on February 1, 2017, the Defendant is serving in prison due to a sexual crime, and the Defendant is found to have been guilty of committing a sexual crime against a prisoner again, and the Defendant is found to have been guilty of committing a sexual crime. In the future, it is necessary to attach an electronic tracking device to the Defendant and order probation after the completion of the execution

2. Determination of facts charged

A. The gist of the defendant's assertion by defense counsel is that the victim stated that "after being sucked fast," but there is no fact that the victim saw the victim's chest by turning on the victim's chest with the second hand.

B. Facts charged as a result of the jury's verdict

(1) - Not guilty: Seven (In the case of unanimous charge) charges

(2) - Not guilty.