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(영문) 부산지방법원 서부지원 2019.06.20 2019고합72
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The information on the accused is disclosed through an information and communications network for five years.

Reasons

Criminal facts

On September 6, 2013, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendants") were sentenced to two years and six months of imprisonment and four years of suspension of execution on September 6, 2013 due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under thirteen years of age) at the Busan District Court, and the judgment became final and conclusive on the

【Criminal Facts】

At around 00:20 on December 30, 2018, the Defendant: (a) went into a “comtour” located in the north-gu, Busan; (b) opened a Moel C window and intruded into a Moel plan; (c) on the part of the victim D (n, 45 years of age) who was unable to resist due to locking in the bed in the bed area; and (d) the Defendant was her her her son and her her her son.

Accordingly, the Defendant invaded into the room possessed by the victim and committed an indecent act by using the victim’s state of non-performance.

[Judgment of the court below] The defendant committed a sexual crime as stated in the above crime records and criminal facts, and considering the defendant's military records, character and conduct, the circumstances of the crime in this case, etc., the defendant is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Investigation report (verification of map map at the site of the case);

1. A list of 112 reported cases and a investigation report (related to the investigation of CCTV in the vicinity of the area in which such report has occurred);

1. A copy of a photograph around the site and a CCTV image CD; and

1. Previous records of judgment: Criminal history records, reply reports (A), investigation reports (former records and reports attached to judgments);

1. The risk of recidivism of a sexual crime as indicated in the judgment: In full view of the evidence mentioned above, the following circumstances acknowledged by the claim prior investigation report, and the Defendant’s age, character and conduct, family relation, growth process and environment, social relationship, and the circumstances leading to the instant crime, the Defendant is deemed to have a risk of recidivism of a sexual crime

1. The defendant's recidivism risk assessment tool (K-SORAS) shall be the risk assessment tool for the sex offender in Korea.

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