beta
(영문) 광주지방법원 2016.08.08 2016고합143

준강제추행등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The personal information of the defendant against the defendant shall be used through an information and communications network for a period of five years.

Reasons

Criminal facts

On July 17, 2013, the Defendant was sentenced to a fine of KRW 500,00 for a crime of forced indecent act committed by the Daejeon District Court on July 17, 2013, two years of probation in December 12, 2013, two years of imprisonment for a crime of forced indecent act committed by the Gwangju High Court on December 12, 2013, and seven thousand won of a fine for a crime of forced indecent act committed by the Gwangju District Court on January 7, 2015, respectively.

[2] On April 19, 2015, around 04:00, the Defendant: (a) reported that the Victim E (20) was divingd in the 3rd floor area of the D3rd floor located in Yansan-gu Seoul Special Metropolitan City on April 19, 2015; and (b) subsequently, the Defendant took the victim’s sexual organ in his/her hands, and 5-6 marks it.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

[Judgment of the court below] Defendant 1 committed a sexual crime on at least two occasions as above, and Defendant 2 is found to have a habitle to committing a sexual crime and is likely to recommit a sexual crime.

Summary of Evidence

1. Each legal statement of the witness E and F [the above witness's statement is sufficiently credibility, taking into account the following facts: (a) the defendant made a statement to the effect that he/she attempted to give 50,000 won to the victim due to the victim's resistance to the indecent act immediately after the instant case; (b) the defendant made a statement to the effect that he/she was under the influence of making a report to the police by the victim; (c) it is difficult to easily obtain it; (d) the victim immediately reported the fact of damage to the police immediately after the instant case; and (e) there

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, written judgment;

1. The risk of recidivism of sexual crime and recidivism in the judgment: the following circumstances acknowledged by the evidence adopted and investigated by this court, namely, ① the defendant has been punished three times as an indecent act committed by quasi-indecent act, and each of the facts constituting the crime in this case is that the defendant committed the crime in this case again during the period of suspension of execution.