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(영문) 창원지방법원 2019.07.18 2019고합16
강제추행치상
Text

A defendant shall be punished by imprisonment for three years.

The information on the accused is disclosed through an information and communications network for five years.

Reasons

Criminal facts

On May 2, 2007, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") sentenced the defendant to a suspended sentence of two years and six months in the Changwon District Court for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, etc., and sentenced the defendant to a suspended sentence of three years and six months in the period of imprisonment for a crime of indecent act by force on August 25, 2016 and completed the execution of the sentence in the Common Detention House on February 22, 2017.

【Criminal Facts】

피고인은 2018. 8. 29. 23:40경 김해시 B에 있는 C사로 올라가는 샛길 입구에서, 피해자 D(여, 39세)이 걸어가는 것을 보고 피해자를 강제추행하기로 마음먹고 피해자를 뒤따라가 갑자기 손으로 피해자를 밀어 넘어뜨린 후 손으로 피해자의 속옷 위로 음부를 1회 만져 강제추행하고, 이로 인하여 피해자에게 약 15일간의 치료를 요하는 요추의 염좌 등의 상해를 입게 하였다.

[Judgment of the court below] The defendant committed two or more sexual crimes on the ground that he/she committed a sexual crime, and thus, he/she is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Partial statement of each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. A written petition;

1. A written diagnosis of injury;

1. Genetic appraisal report and notification of the result of appraisal (DDA-2019-0305);

1. 12 reported case handling table, respectively;

1. On-site satellite photographs, victim mobile routes, suspect evacuation routes, and relevant photographs of each case;

1. Investigation report (the details of the direction of inspection), internal investigation report (which is related to the victim's external wounds photographs), internal investigation report (CCTV analysis and on-site search report), internal investigation report (which is related to the adjacent search), internal investigation report (which is related to the confirmation of the place where the victim's cell phone is found), and the place where the victim's mobile phone is found;

1. Previous convictions as indicated in the judgment: Criminal records, the previous statements of each disposition and the results of confirmation, and the current status of personal confinement;

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