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(영문) 춘천지방법원 영월지원 2018.11.29 2018고합36
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The information on the accused is disclosed through an information and communications network for a period of three years.

Reasons

Criminal facts

· Facts of the cause of the request for attachment order

1. The criminal defendant and the person who requested the attachment order (hereinafter “defendant”) are the managers of the “C” room in the Gangwon-gu Seoul Special Metropolitan City Group B.

On July 30, 2018, at around 01:30, the Defendant committed an indecent act by making soup the victim D (the victim’s ambling, fry, and 46 years old)’s ambbbbbbling her part of the ambbbbbing room, which was locked out on the second floor of the soup room. On the same day, around 03:10 on the same day, the Defendant committed an indecent act by taking the part of the victim E (the victim’s ambbbs, fry, 44 years old)’s ambbbbing part of the soup room.

Accordingly, the defendant committed indecent acts by taking advantage of the victims' mental and physical loss or impossibility of resistance.

The defendant's defense counsel argues to the effect that the victims were injured during the drunken period. However, in light of the method of crime recognized by each police's statement in D and E, the defendant's act before and after the crime, etc., it is sufficiently recognized that the defendant intentionally committed an indecent act against the victims, such as the above criminal facts.

Therefore, the defendant's defense counsel's assertion is rejected.

2. On October 19, 2006, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Seoul High Court on February 14, 2010, and completed the execution of the sentence at Red Prison. On April 27, 2015, the Incheon District Court was sentenced to two years of suspended execution for four months of imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Sexual Crimes (an indecent act in a densely concentrated place) at the Incheon District Court.

As above, Defendant committed the instant sexual crime within ten years after having been sentenced to imprisonment with prison labor for a sexual crime and the execution thereof has been completed, and is likely to recommit a sexual crime.

A prosecutor shall commit sexual crimes on at least two occasions under Article 5(1)3 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc.

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