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(영문) 의정부지방법원 2013.04.12 2013고합23
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

and the facts constituting the cause of the attachment order [criminal facts]

1. On April 16, 2012, the Defendant, at the bus stops near D in Dongbcheon-si C, committed indecent acts by compulsion, by compulsion, the victim E (in female and 21 years of age).

2. On July 11, 2012, the Defendant obscenity: (a) 08:00 city bus passengers operating a FF store in the Chungcheongbuk-gun, Chungcheongnam-gun, with his/her will to get out of the bus passengers, including G (n, 23 years old); and (b) publicly obscenity sexually embling his/her sexual organ.

[Fact of the cause of the attachment order] The person subject to the request to attach an electronic tracking device (hereinafter “defendant”) to whom the execution of the sentence is suspended (the crime of indecent act by compulsion prescribed in paragraph (1) of the crime committed on the market constitutes "specific crimes" as prescribed by the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders). It is necessary to attach an electronic tracking device to check whether the matters to be observed are observed during the period of probation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of E, H and I;

1. Each report on investigation;

1. The photograph of each CCTV closure (the need to attach an electronic tracking device during the period of probation);

1. As acknowledged by the above evidence, criminal records, and written investigation before the request, the Defendant committed the instant indecent act by compulsion, even though he/she had the record of being issued a summary order of KRW 5 million for the crime of indecent act by compulsion on November 1, 201 and each of the acts by compulsion on November 6, 201 at the Jung-gu District Court on January 12, 201, due to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), and in the event of drinking, the Defendant committed the instant indecent act by compulsion. In addition, the risk of recidivism is deemed reasonable in the event of drinking, and the Defendant’s age, character and conduct, awareness and attitude of sex are required to attach an electronic tracking device to the Defendant during the period of probation.

Application of Statutes

1. Criminal facts;

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