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(영문) 수원지방법원 안산지원 2019.03.29 2018고합360
준강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

On August 22, 2012, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendants") issued a summary order of KRW 3 million due to quasi-indecent act by force at the Suwon District Court on August 22, 2012, and on September 13, 2013, the Suwon District Court sentenced the defendant to five years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special rape) at the Ansan District Court's Ansan Branch on September 13, 2013, and completed the execution of the sentence in the Suwon District Court on July 1, 2018.

【Criminal Facts】

On November 26, 2018, around 04:56, the Defendant met the part of the victim’s drinking in the 7th floor of the “Crata” building located on the 7th floor located in Ansan-si Group B, Ansan-si. The Defendant met the part of the victim’s drinking in the frat.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

[Judgment of the court below] The defendant, as stated in the judgment, committed a sexual crime and committed a sexual crime on at least three occasions within ten years after the execution of his/her imprisonment with prison labor for a sexual crime as stated in the judgment of the court, and thereby, committed a sexual crime on at least three occasions, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police in relation to D;

1. Investigation report (Analysis of CCTV images at the site of the incident), each CCTV image photograph, and CCTV image CD;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (reports related to repeated crimes of suspects), and two copies of judgment;

1. The recidivism of sexual crime and the risk of recidivism in the judgment: In full view of the following circumstances recognized by the evidence mentioned above and the response to a request before the request, and the defendant's age, character and behavior, living environment, the background of the crime in this case, and similarity of sexual crimes, the defendant is deemed to have the recidivism of sexual crimes and the risk of recidivism.

(1) On March 27, 2012, the defendant is a crime of intrusion upon residence or assault at an Ansan District Court's Ansan Branch.

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