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(영문) 서울중앙지방법원 2019.03.28 2019고합72
준강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Disclosure and notification of information on the accused for three years.

(b) the defendant;

Reasons

Criminal facts

On January 31, 2012, the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") were sentenced to a fine of KRW 3 million due to quasi-indecent act by force in order to commit a quasi-indecent act by force, and on August 23, 2013, on September 11, 2013, the Seoul Western District Court sentenced the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") to a fine of KRW 3 million by force, and completed the execution of the sentence in the Seoul Southern Southern District Court on September 11, 2013.

【Criminal Facts】

At around 20:00 on September 12, 2018, the Defendant discovered that the victim B (here 29 years old) was seated on the side of the rear seat of the victim and was divingd in the high speed bus located near the Southern bus bus stop in the direction of Seoul, Seoul, the Gyeong-gu Seoul, and committed an indecent act against the victim by taking advantage of the victim’s refusal to resist, such as making him/her sit on the side of the back seat of the victim and setting him/her up his/her seat on his/her chest, and setting him/her up his/her upper floor on his/her chest.

[Fact of the cause of probation order] The Defendant committed a sexual crime, i.e., a fine for a sexual crime as stated in the judgment of the lower court and the record of punishment for imprisonment. The instant crime and the Defendant’s records of the sexual crime are quasi-indecent acts committed against unspecified women within public places, and in light of the object, circumstances and methods of the crime, motive of the crime, character, conduct and environment of the Defendant, etc., the Defendant is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. A report on investigation;

1. On-site photographs of buses;

1. Previous convictions in judgment: Criminal history records, investigation reports (information on the same criminal records as the suspect), investigation reports (information on the suspect's ended date of execution of punishment);

1. The risk of recidivism of a sexual crime as indicated in the judgment: the following circumstances and the character, conduct, environment, and crime committed by the defendant, which are acknowledged by the above evidence and a prior investigation and reply to the claim:

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