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(영문) 부산지방법원 2014.08.22 2014고합271

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant was sentenced to two years of suspended execution and two years of attachment of an electronic tracking device at the Busan District Court on February 15, 201, due to quasi-indecent acts committed by force at Busan District Court on February 15, 201, and on July 10, 2012, the Defendant was sentenced to suspended execution for six months on July 10, 201 for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

【Criminal Facts】 around 03:20 on February 27, 2014, the Defendant committed an indecent act against the victim in a state of resistance, such as finding out the victim E (ma, South and North age 19) who was divingd in the waters of the waters of the city of Busan, Dong-gu, Busan, and cutting off the victim’s sexual organ by her hand, leading him to the Defendant’s sexual organ, bringing him to the Defendant’s sexual organ, and bringing him to the Defendant, etc.

around 04:50 on April 6, 2014, the Defendant discovered the victim H(Nam, 21 years old), who was divingd, and collected knife to the inside of the victim’s knife and knife the knife of the victim’s sexual organ.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

【The Facts constituting the cause of an attachment order】 The Defendant is found to have committed a sexual crime on two or more occasions, and the Defendant again committed a sexual crime despite the record of being attached with an electronic device under the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders due to a sexual crime, and is likely to recommit a sexual crime.

Summary of Evidence

[Criminal Facts in the Judgment of the court]

1. Defendant's legal statement;

1. Each police statement of E and H 【At the time of making a statement】

1. Court rulings;

1. The following circumstances acknowledged based on each of the aforementioned evidence, i.e., the Defendant committed an indecent act against the victim, who was locked within a soup at the night on August 23, 2010, by making soup the sexual organ of the male victim, and was unable to resist. < Amended by Presidential Decree No. 22093, Feb. 15, 2011>