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(영문) 대전지방법원 2017.07.06 2017고합140

강제추행등

Text

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

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

On December 14, 2016, the Daejeon District Court sentenced the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) to six months of imprisonment due to forced indecent acts, etc., and completed the execution of the sentence on February 20, 2017.

On March 19, 2017, around 10:46, at the crosswalk in front of the D cafeteria located in Sejong-si, the Defendant saw the victim E (the name, the kin, the kin, and the 24 years old) who walked on the way, according to approximately 100 meters of the 100-meters of the victim who want to build the crosswalk.

Accordingly, the Defendant committed an indecent act on the part of the victim.

[The facts constituting the cause of an attachment order] The Defendant was sentenced to six months of imprisonment by force by the Daejeon District Court on December 14, 2016 due to an indecent act, etc., and again committed the instant sexual crime within ten years after the completion of the enforcement of the sentence on February 20, 2017. On November 5, 2013, the Daejeon District Court again committed the instant sexual crime even though he had the record of being attached with an electronic device under the Act on the Protection and Observation of Specific Criminal Offenders as a sexual crime and the Electronic Monitoring, etc., for five years, even though he/she had the record of being attached with an electronic device under the Act on the Electronic Monitoring, etc., and the said sexual crime was committed two or more times, and the recidivism is recognized, and

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (in relation to attachment of CCTVs at a criminal scene, and verification of CCTV images);

1. 112 A list of reported cases;

1. Images of the CCTV at the scene of a crime;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report on the file of a judgment, confirmation of a suspect's repeated crime), judgment, and current status of acceptance by individuals;

1. The risk of recidivism of a sexual crime committed in the judgment: The defendant shall be given the following circumstances acknowledged by the investigation before a request for the attachment order and the protective observation order is made after the execution of the sentence, and the background, method, and the defendant's tendency, etc. leading to the crime: