beta
(영문) 수원지방법원 안양지원 2016.05.13 2016고합22

강제추행

Text

A defendant shall be punished by imprisonment for six months.

With respect to the claimant for the order to observe the protected person, two years have passed since the execution of the above sentence was completed.

Reasons

Criminal facts

On September 24, 2014, the Seoul Central District Court sentenced the defendant to imprisonment with prison labor and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Central District Court on September 24, 2014, and completed the execution of the above punishment in the Ansan Prison on December 17, 2015.

[2] On February 1, 2016, around 20:00, the Defendant reported the victim D(n, 27 years of age) on the 1st floor of the Man-gu Incheon Metropolitan City Mayang-gu Mayang-si Office Office Office Officetel, and the victim D(n, 27 years of age) on the 1st, following the above victim her boarding the elevator, and the victim her only her two members are placed in the elevator, and the sexual flag indictment was written in the indictment with the victim after the victim her boarding. However, according to images such as the contents of the statement made to the investigation agency of the Defendant and the victim 's investigation agency and the on-site photograph, it is recognized that the Defendant's “sexual flag” is not her mar, but rather her mar, and thus,

The victim committed an indecent act against the victim by inserting the left hand in front of and in front of the victim, putting the victim's private part in a space between the victim's private part and exposing the sound.

[Judgment of the court below] Defendant 1 committed a sexual crime as stated in the above facts of the crime, which is likely to recommit a sexual crime in light of the Defendant’s criminal history, motive, relationship with the victim, attitude of the crime, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (the analysis of CCTV images for committing a crime);

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal identification and acceptance status;

1. The risk of repeating a crime as indicated in the judgment: The following circumstances that can be acknowledged by the evidence mentioned above and the statement of the investigation before the claim, i.e., the Defendant committed an indecent act on the part of the victim who does not have any awareness as stated in the facts constituting a crime, and ii) violence against the Defendant