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(영문) 수원지방법원 안양지원 2019.11.22 2019고합112
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

On August 5, 2019, around 00:21, the Defendant came to know of the cause of probation order (criminal fact) in the house of the victim C (one person, half person, and 53 years old) located in Ansan-si B, Annyang-si, Annyang-si, and discovered the victim who is promptly in the last place, and invaded the victim's house into the victim's house through an open gate, and then the victim's sent that was rapidly in his/her hand.

Accordingly, the defendant invadedd the victim's residence and committed an indecent act against the victim.

[Fact of the ground for probation order] A person subject to probation order is likely to recommit a sexual crime in full view of the method of committing the instant crime, motive for committing the crime, the Defendant’s environment, character and conduct, records of sexual crimes, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. On-site photographs, each black image, and the closure photographs;

1. The risk of re-offending in the judgment: The defendant is likely to recommit a sexual crime, taking into account the following circumstances revealed by the evidence adopted and examined by the court, the character, conduct, environment, power, family relationship of the defendant, the motive and background of the crime of this case, the method and content thereof, and the situation before and after the crime.

① On May 2, 2008, the Defendant received a summary order of KRW 1,00,000,000 as a public performance and obscene crime, and the facts constituting the crime were publicly obscene acts in front of the visitors in the shopping mall area. On April 29, 201, the Defendant received a summary order of KRW 1,00,000 as a crime of intrusion upon residence from the Suwon District Court inside and outside of the shopping mall. The facts constituting the crime were that the Defendant entered the toilet window of the victim’s residence through a string gate and brought it into the toilet.

In addition, on August 22, 2014, the Defendant committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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