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(영문) 대전지방법원 2016.02.04 2015고합412

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On August 6, 2012, the Defendant (the person who requested the attachment order and the requester for the protective observation order; hereinafter “Defendant”) issued a summary order of KRW 2 million for an indecent act committed by the Daejeon District Court on August 16, 2012. On August 16, 2012, the Daejeon District Court sentenced the Defendant to a summary order of KRW 10 million for an indecent act committed by force, etc., and completed the execution of the sentence on April 22, 2013.

[2] On August 14, 2015, around 03:22, the Defendant committed an indecent act by force against the victim, i.e., the victim, who was locked at the surface of the D 3rd floor located in Daejeon-gu Daejeon-gu, Daejeon-gu, and who was able to resist (25 years of age), by using the victim’s clothes above the victim’s clothes, with the victim’s upper part of the chest as rhyth, and the victim’s panty by inserting his hand into the victim’s panty.

[Judgment of the court below] The Defendant, who was sentenced to imprisonment with prison labor for a sexual crime, committed a sexual crime within ten years after the completion of the execution of the sentence, and committed a sexual crime on two or more occasions, is recognized as a habit of the crime. In light of the background, method, tendency, criminal records, etc. of the crime, the Defendant is likely to recommit a sexual crime even after being released from prison.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions in judgment: A, text, and inquiry about inquiries, such as criminal history;

1. The recidivism of sexual crime and the risk of recidivism in the judgment: The following circumstances acknowledged by the above evidence, the attachment order and the investigation prior to the request for the protective observation order after execution of the attachment order and the execution of the sentence, i.e., the Defendant committed the indecent act of this case committed again during the repeated crime period due to the same compulsory indecent act committed even though the Defendant was punished twice due to the forced indecent act of this case, and ii) the Defendant committed the indecent act of this case as to the previous punishment (the total number of crimes shall be three times).