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(영문) 창원지방법원 2016.10.25 2016고합205

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

To the person against whom the attachment order is requested, an electronic tracking device shall be attached for three years.

Reasons

Criminal facts

On January 21, 2014, the judgment of the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") was finalized on the following grounds: (a) on January 21, 2014, a fine of KRW 3 million was sentenced by the Changwon District Court for quasi-indecent act.

【Criminal Facts】

On March 20, 2016, from around 04:30 to 05:00 on the same day, the Defendant committed an indecent act against the victim by using the victim’s suckbucking part, and the part inside the bucking part of the victim’s bucking part of the bucking part of the bucking part of the bucking part and the bucking part of the bucking part of the bucking part of the bucking part of the bucking part of the bucking part to the 3rd part of the 3rd part of the 3rd part of the 3rd part of the 3rd part of the 5th day.

Accordingly, the defendant committed an indecent act against the victim by making use of the victim's defective condition.

[Fact that constitutes a ground for an attachment order] The Defendant is likely to recommit a sexual crime in light of the fact that a sexual crime was repeated against an unspecified person in a public place, who falls under “when the sexual crime was committed on at least two occasions, and such a sexual crime was committed.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes of the investigative report (as regards the attachment ofCCTV photographs, including accompanying documents between 03:30-05:00

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. proviso to Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes which have not been ordered to complete a program (this shall not apply to cases where an order is issued to a defendant to attach an electronic tracking device under the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and an order to complete a program is separately imposed on the defendant

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.