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(영문) 인천지방법원 부천지원 2018.12.28 2018고합249
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be placed on employment for three years in institutions, etc. related to children and juveniles.

Reasons

Criminal facts

On January 14, 2016, the Incheon District Court sentenced the defendant and the person who requested the attachment order (hereinafter referred to as "the defendant") to four months of imprisonment with prison labor for compulsory indecent acts and completed the execution of the sentence on September 19, 2016 in the military prison.

[2] On May 17, 2018, the Defendant committed an indecent act by force against the victim by rhing the part of the victim’s left hand into the window and seated, with a view to committing an indecent act against the victim D (the name, seat, 27 years old) who was seated in one’s front seat, within the three seat bus, which passed around 15:20 on May 17, 2018.

[Attachment 12] The Defendant was sentenced to imprisonment with labor for an indecent act by force and committed the instant indecent act by force as well as the instant crime under the Criminal Act No. 2018, 249, within ten years of the completion of the enforcement of the sentence. The Defendant constitutes “where a person who was sentenced to imprisonment with labor for a sexual crime commits a sexual crime within ten years after the completion or exemption of the enforcement of the sentence” and “where the person was found to have a habit for committing a sexual crime on at least two occasions,” respectively.

In addition, in full view of the fact that a defendant has been punished four times as an indecent act by the same compulsory act, committed a crime against an unspecified person under the same veterinary method, and that the defendant had distorted adult awareness and had difficulty in shock control but had time to treat, etc., the defendant is likely to recommit a sex crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (one-time statement-type);

1. Statement made by the police with respect to D;

1. 112 Reporting case handling table;

1. Photographss, etc. of the place of crime of buses and CCTV images of buses;

1. Previous convictions: (A) a response to inquiries, such as criminal history, five copies of written opinions, investigation reports (report attached to the same type of crime, etc.), five cases of judgment, investigation reports (report on confirmation of repeated crimes), one copy of output of integrated cases;

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