(영문) 서울남부지방법원 2020.01.09 2019고합429

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자간(%)

(영문) 서울남부지방법원 2020.01.09 2019고합429

강제추행

Text

A defendant shall be punished by imprisonment for four months.

The information on the accused shall be disclosed and notified for two years.

For the defendant.

Reasons

Criminal facts

On December 11, 2015, a defendant and a person subject to an order to attach an electronic device (hereinafter referred to as "defendant") were sentenced by the Seoul Southern District Court to suspend the sentence of a fine of KRW 10 million for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13 years). On July 13, 2017, the same court was sentenced to a suspended sentence of two years for four months for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act at a public smuggling place). On April 5, 2018, the same court was sentenced to a suspended sentence of two years for a suspended sentence of one-year imprisonment and two years for an order to attach an electronic tracking device for two years for the same offense of indecent act, and its judgment becomes final and conclusive on April 13, 2018.

【Criminal Facts】

The Defendant, at around 09:20 on July 14, 2019, committed an indecent act by force on the part of the victim C (Ga name, Ga name, and 42 years old) who was living in the front of Gangseo-gu Seoul, Gangseo-gu, Seoul at around 09:20 on July 14, 2019, with intellectual disability 1st degree of 2 years of age and 9 months of age, with his/her ability to discern things or make decisions.

[Facts of the cause of probation order] The Defendant committed a sexual crime despite the past record of receiving an order to attach an electronic device to a sexual crime, and committed a sexual crime more than twice, and is recognized as a habit of committing such crime, and is likely to recommit a sexual crime against an unspecified number of women.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement to C by the police;

1. 112 Reporting case management table;

1. On-site photographs, each CCTV video CD, and each CCTV-cape photograph;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and judgments;

1. The risk of repeating a crime as indicated in the judgment:

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