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(영문) 대전지방법원 2020.04.02 2019고합406
준강제추행
Text

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

The defendant shall be given a child or juvenile-related institution and welfare facility for disabled persons.

Reasons

Punishment of the crime

[criminal record] On April 6, 200, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) sentenced the Busan High Court to three years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, etc.). On October 27, 2016, the Ulsan District Court sentenced the Defendant to ten months of imprisonment for larceny, etc. and completed the execution of the sentence on July 31, 201.

【Criminal Facts】

On October 1, 2019, around 02:50 on October 1, 2019, the Defendant got diving from the children's play room in Daejeon-gu Daejeon-dong, Daejeon-gu, on a multiple hand, on the part of the victim D (the family name, the 29 years old) who was divingd in the children's play room in Dong-gu, Daejeon-gu.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

The defendant, as stated in the facts constituting a crime, has committed a sexual crime and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A report on internal investigation, a CCTV image CD, a CCTV image screen to be taken, and a list of 112 reported cases;

1. Previous convictions in judgment: A criminal investigation report (report on the date of release, reporting on the confirmation of the same criminal records), and criminal records records;

1. The risk of repeating a crime as indicated in the judgment: The defendant is deemed to pose a risk of recommitting a sexual crime, taking into account the following circumstances acknowledged by the evidence as mentioned above and the written request advance investigation, the character and conduct of the defendant, the environment, the records of the crime, the method and frequency of the crime, the motive and circumstances of the crime in this case

① On April 6, 2000, the Defendant had been sentenced to three years of imprisonment by the Busan High Court due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, rape, etc.). On October 27, 2016, the Defendant indicated in the record of criminal records prior to the crime of intrusion on toilets in order to hear women’s shocks.

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