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(영문) 부산지방법원 동부지원 2015.04.10 2015고합14
강제추행
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Criminal facts

On June 20, 197, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendants") were sentenced to three years and six months of imprisonment in the Busan District Court for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, Injury by Rape, etc.). On June 27, 2003, the Busan District Court was sentenced to five years of imprisonment for rape injury, etc. at the Dong branch of the Dong branch, and on November 19, 2010, the Busan District Court sentenced four years of imprisonment for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) and completed the execution of the above sentence at the Jinju Prison on September 18, 2014.

【Criminal Facts】

On January 15, 2015, at around 01:58, the Defendant: (a) discovered the victim E (the age of 20) while drunk in front of the Dmatet located in Busan Nam-gu C; (b) laid the victim’s arms into the alley with a signboard of “F childcare center” in the vicinity thereof; and (c) laid down the victim’s arms in the front part of the Dmat in the south-gu, Busan; (d) laid down the victim’s arms near the other part; and (e) laid down the body with the face of the body of the body of the body of the body of the Defendant, and committed indecent act by force.

[The facts constituting the ground for an attachment order] The Defendant committed a sexual crime within 10 years after having been sentenced to a punishment for committing a sexual crime and the execution of the sentence is completed; the Defendant again committed a sexual crime after being attached with an electronic device for a sexual crime; or committed a sexual crime on two or more occasions, and constitutes a ground for recognition of the recidivism; and the Defendant is likely to recommit a sexual crime in light of the aforementioned past record, the background of

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each statement of witness G, H and E in the second trial records;

1. A criminal investigation report (with respect to the scene of damage) and a criminal investigation report (CCTV image review report);

1. Previous records: Inquiry reports, investigation reports (the confirmation reports on the date of release), investigation reports (the report accompanied by a copy of the judgment);

1. Before a request for an attachment order, each evidence and the attachment order indicating the likelihood of recidivism of sexual crimes as indicated in the judgment;

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