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(영문) 창원지방법원 진주지원 2015.12.10 2015고합121
강제추행
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

On January 22, 2007, the Defendant and the person subject to a request to attach an electronic tracking device (hereinafter referred to as “Defendant”) were sentenced to imprisonment for one year and three months due to a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc. of Minors under the age of 13) in the Changwon District Court’s Jinju branch. On February 11, 2011, the same court was sentenced to an order to attach an electronic tracking device for two years and six months and seven years due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13). On April 26, 2013, the court was sentenced to imprisonment for two years and seven years due to a violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse and completed the execution of the sentence in the prison on January 16, 2015.

Around 1:50 on August 20, 2015, the Defendant heard the Defendant’s top sound at the entrance of the 7-8 Dong area in South-Namnam Sea, the Defendant committed an indecent act by force on the part of the victim, following the victim D (the 20-year age), who lives in the above last session, with the Defendant’s hand-on hand, had the victim’s left arm’s length.

The Defendant committed the instant crime against the victim within ten years after having been sentenced to a punishment for committing a sexual crime and completed the execution of the sentence, and committed a sexual crime on at least two occasions, and again committed a sexual crime even though he/she was currently subject to the attachment of an electronic tracking device, and thus, the Defendant again committed a sexual crime. As such, the Defendant has the risk of committing a sexual crime again.

Summary of Evidence

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Four copies of a black stuff image;

1. Certification of the requested matters;

1. Previous convictions in judgment: Criminal records, etc., inquiry report, investigation report (attached to a written judgment and a copy of a summary order), and status of personal identification and confinement;

1. The risk of recidivism of sexual crimes as indicated in the judgment: The same shall apply respectively;

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