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(영문) 서울중앙지방법원 2018.05.24 2018고합333

강제추행등

Text

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

The information on the accused shall be disclosed and notified for a period of three years (Provided, That it shall be disclosed and notified.

Reasons

Punishment of the crime

[criminal record] On November 2, 2001, the defendant and the person requesting an attachment order (hereinafter "defendant") were sentenced to imprisonment with prison labor for a maximum of two years and six months, and a short of two years and two years, and the execution thereof was completed on February 10, 2006 with prison labor for rape injury, etc. at the Daegu District Court Kimcheon branch. On November 25, 201, the Seoul Central District Court sentenced a fine of three million won as a compulsory indecent act committed by the Seoul Central District Court. On February 19, 2016, the Seoul Central District Court sentenced a suspended sentence of one year and two years and a fine of two million won to a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof. The judgment became final and conclusive on February 27, 2016 after being sentenced to a suspended sentence of one year and two years and a fine of two million won.

[Criminal facts] 2018 Gohap 333

1. On September 30, 2013, the Defendant violated the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. of Electronic Devices issued an order to attach a location tracking electronic device for five years at the support of Suwon Friwon Friwon Sung-nam.

A person with an electronic device installed shall not arbitrarily separate or damage the electronic device from his/her body during the period of attachment of the electronic device, interfere with its propagation, alter data received, or otherwise impair its utility.

Nevertheless, on October 17, 2017, from around 09:36, to around 10:24 of the same day, the Defendant released out without possessing a portable tracking device, and deserted the scope of response by the electronic device. On October 17, 2017, the Defendant released out without carrying a portable tracking device from around 09:35 to 18:24 of the same day, and escaped from the scope of response by the electronic device. On December 22, 2017, the Defendant released out without carrying a portable tracking device from around 20:15 to from around 21:52 of the same day.

As a result, the Defendant arbitrarily separated the electronic device from his body during the period of attachment of the electronic device.

2. Compulsory indecent acts;

A. On December 22, 2017, the Defendant is in the Seoul Dongdaemun-gu Seoul Dongdaemun-gu Seoul around 16:30.