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A defendant shall be punished by imprisonment for not less than eight months.
The information on the accused shall be disclosed through an information and communications network for three years.
Reasons
Criminal facts
On July 29, 2011, the Seoul High Court sentenced the Defendant to four years of imprisonment for rape, and completed the execution of the sentence on March 1, 2015.
【Criminal Facts】
On February 3, 2020, at around 21:37, the Defendant committed an indecent act by force against the victim, such as finding out the victim D (27 years of age) standing in the sing corridor located in Gangdong-gu Seoul Metropolitan Government B and the first underground floor, and going through the victim's side, and going through through the victim's hand, and turning the victim's chest into the victim's chest.
[A] The Defendant already committed the same kind of crime, such as having been sentenced to four years of imprisonment for the crime of rape, as stated in the records of the crime record. In this case, the Defendant is deemed to have committed indecent act against a victim who does not have awareness, and in light of the Defendant’s background of the crime of this case, the form and method of the crime, character and conduct, and degree of indecent act, etc., it is necessary to issue an order to attach an electronic tracking device to the Defendant.
Summary of Evidence
Witness
D Legal Statements
1. Statement of D police statement;
1. Voluntary report on the D’s statement, internal investigation report (verification of On-SiteCCTV), and investigation report (on-site verification);
1. CCTV video CDs;
1. Previous convictions: Criminal records, investigation reports, records of the suspect's previous records, reports on the results of confirmation of the previous records of disposition, judgments, and current status of confinement;
1. The risk of recidivism in the judgment: The following circumstances acknowledged by each of the above evidence and the response to the request prior to the request, namely, ① the Defendant committed the second sexual crime despite having committed the sexual crime even before the instant case; ② the evaluation results based on the evaluation scale of the risk of recidivism in Korea against the Defendant, are the level of “high risk of recidivism” with the total point of 13; and the Defendant considered the above evaluation results and other risk factors.