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(영문) 서울동부지방법원 2016.11.10 2016고합273
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Criminal facts

【Criminal Power】 The defendant and the person subject to a request for attachment order (hereinafter referred to as “defendants”) are sentenced to two years of imprisonment on December 29, 200 with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape, etc.) in the Dong Branch of the Seoul District Court on December 16, 2005, and sentenced to four years of imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape, etc.) at the Seoul East East District Court on December 16, 2005 and completed the execution of the sentence on October 4, 2009. On November 20, 2015, the Seoul Central District Court sentenced two years of suspension of the execution of six months of imprisonment with prison labor for indecent acts, etc. at the Seoul Central District Court on November 28, 2015, which became final and conclusive

【The facts constituting a crime and the fact that the Defendant requested to attach an attachment order】 On June 18, 2016, the Defendant committed an indecent act as soon as possible by taking advantage of the victim F (one person, two-five years of age)’s failure to resist because the victim F (one person, two-five years of age) was locked in the second floor film room of “E Ma” located in Songpa-gu Seoul Metropolitan Government, Songpa-gu.

【 itself and the risk of recidivism of a sexual crime】 The Defendant is sentenced to imprisonment with prison labor for committing a sexual crime and has committed a sexual crime within ten years after the completion of the execution of the sentence, and such a sexual crime is deemed to have been committed on two or more occasions, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made by the police to the F (or the identity of the victim);

1. A gene appraisal report;

1. Records of seizure and the list of seizure;

1. Criminal records: Results of inquiry into criminal records, such as criminal records, investigation reports (Attachment to criminal records, etc. against a suspect), and respective judgments attached thereto;

1. The following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the defendant, on December 29, 200, are Seoul District Court.

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