(영문) 대구지방법원 2016.10.07 2016고합318

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.10.07 2016고합318

준강제추행등

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

The defendant's information about the defendant shall be made through an information and communications network for three years.

Reasons

Criminal facts

On January 15, 2015, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant”) were sentenced to imprisonment with prison labor for a period of one year and six months and the execution of the sentence was completed on August 3, 2015.

【Criminal Facts】

On March 12, 2016, at around 03:40 on March 12, 2016, the Defendant discovered that the victim D (the age of 22) was locked in the fourth floor of the Daegu-gu C building, and was willing to force the victim by force using the victim's state of failing to resist.

The defendant forcedly committed an indecent act against the victim by taking the victim's hand and inserting him into the seat of the defendant, making the victim talk with his sexual organ, etc.

[Judgment of the court below] The Defendant, as above, was sentenced to imprisonment with prison labor for a sexual crime, committed a sexual crime within ten years after the execution of the sentence, and committed a sexual crime on two or more occasions, and the recidivism of the sexual crime is recognized and the risk of recommitting the sexual crime is recognized.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Previous records of judgment: Criminal history records, etc. and investigation reports (recognating, checking, etc. of repeated crimes);

1. In full view of the following circumstances acknowledged by the records in the instant case, such as the following evidence as to the recidivism of sexual crimes and the risk of recidivism, and the record prior to the filing of the claim, as well as the Defendant’s age, character and conduct, environment, awareness and attitude of sex, motive of the instant crime, method and consequence, circumstances after the crime, and degree of the Defendant’s reflectivity, it is recognized that the Defendant has the risk of recidivism of sexual crimes and recidivism.

① On January 6, 2012, the Defendant committed an indecent act on the part of the Daegu District Court by taking advantage of the situation where the Defendant was divingd on June 15, 201 by taking advantage of the victim (here, 25 years of age)’s refusal to resist, and (b) the Defendant committed an indecent act on the part of the left chest, and (c) around July 19, 201.

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