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(영문) 대전지방법원 2019.06.13 2018고합518
강제추행등
Text

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

The defendant's information about the defendant shall be made through an information and communications network for five years.

Reasons

Criminal facts

On March 21, 2014, the Daejeon High Court sentenced the defendant to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and completed the execution of the sentence on July 20, 2018, on May 20, 2016.

【Criminal Facts】

1. On August 21, 2018, at around 09:15, the Defendant: (a) discovered the victim D in a swimming pool located in the C swimming pool in B; (b) laid his/her bridge between the victim’s bridges; and (c) opened the victim’s bridge with the victim’s bridge; and (d) committed an indecent act by force by force.

2. Around November 25, 2018, the Defendant reported the victim F at the entrance of a commercial building for E apartment-3 complex, and used the victim’s scam on two occasions without any particular reason, at the entrance of a commercial building for E apartment-3 complex, and used the victim’s scam on two occasions.

[Status of Probation] The Defendant is likely to recommit a sexual crime in light of the background of the crime, the environment, character and conduct, etc. as stated in the above criminal records and criminal facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. The police statement concerning F;

1. 112 Reporting case management table;

1. Stop photographs, CCTV images of a swimming pool, victim photographs, and on-site photographs;

1. Previous records of judgment: Criminal records, previous records of disposition and report on results of confirmation, current status of personal confinement, and each judgment;

1. The risk of recidivism in the judgment: The following circumstances acknowledged by the evidence mentioned above and the defendant's prior investigation written request and reply, namely, the defendant had been sentenced to punishment for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) as stated in the judgment of the court, and the defendant again committed the crime of this case, and the risk of recidivism in the Republic of Korea against the defendant (K-STRAS).

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