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(영문) 울산지방법원 2018.02.21 2017고합355
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Criminal facts

On August 31, 2012, the defendant and the person against whom the attachment order was requested (hereinafter referred to as "defendant") have been sentenced to a suspended sentence of four years and six months in imprisonment with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act committed by a minor under the age of 13) at the Ulsan District Court.

[2] On October 7, 2017, the Defendant discovered the victim E (so, 22 years of age, and name) who passed around Ulsan-gu, Ulsan-gu, Seoul-gu, and forcedly commit an indecent act, and followed the victim about 300 meters by using the entrance where the victim’s residence was not corrected at around 21:24 on the same day at around 21:24 on the same day, the Defendant committed an indecent act against the victim by putting the victim’s knife between the 1st floor and the 2nd floor of the victim’s residence from the 1st floor of the stairs of the victim’s dwelling in the same Gu F, and the victim’s knife and the knife with the knife of the victim’s knife.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

[Judgment of the court below] Defendant 1 again committed a sexual crime as stated in the above crime despite the record of the above crime, and Defendant 1 committed a sexual crime on at least two occasions and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Each investigation report (including accompanying documents) and each damage report;

1. Each photograph;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to judgments of the same kind as the suspect);

1. The risk of recidivism of a sexual crime as indicated in the judgment: The defendant's risk of recidivism of a sexual crime is recognized in light of the following circumstances, which are acknowledged by the above evidence and the previous investigation report.

① The Defendant was sentenced to a suspended sentence of four years and four years of imprisonment for a sexual crime, an order to observe protection, an order to attend a lecture for treatment of sexual assault, and an order to disclose the same four years and six months of imprisonment for a sexual crime as mentioned above.

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