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(영문) 부산지방법원 2016.05.09 2016고합200
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

With respect to the claimant for the order to observe the protected person, two years have passed since the execution of the above sentence was completed.

Reasons

Criminal facts

On April 8, 2015, the facts of the cause of the claim for an order to observe the protection [criminal records] Defendant and the requester for an order to observe the protection (hereinafter “Defendant”) are those who are currently under the suspension of execution for whom the judgment becomes final and conclusive on July 21, 2015, and are sentenced to one year of the suspension of the execution of six months for compulsory indecent acts in Busan District Court.

[2] On December 27, 2015, the Defendant: (a) committed an indecent act by force against the victim by using the victim’s left chest on the front side of the “D” located in Busan Busan Jin-gu, in his/her own way in order to commit an indecent act against the victim E (at the age of 23) on the front side of the “D” located in Busan Jin-gu, Busan.

[Fact of the ground for issuing an order to observe the protection] Defendant was sentenced to a suspended sentence due to an indecent act committed by the Defendant as stated in the record of the above crime, and the Defendant again committed the same sexual crime during the suspended sentence period and is likely to recommit the crime in full view of the method of crime, the method of crime, the method of

Recognized.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A previous conviction: A reply to inquiry, such as criminal history, and a report on investigation (report on a previous conviction and results of the disposition);

1. The risk of recidivism in the judgment: The Defendant had been sentenced to a suspended sentence of imprisonment for a crime of sexual assault, such as a statement of facts, even before the crime of this case was committed, and the crime of this case was committed during the suspended sentence period.

The crime of this case committed by the Defendant and the previous crime committed by the Defendant, which committed an indecent act on the part of a victim who does not have awareness, is similar to the object and method of the crime.

As a result of the assessment of the risk of Korean-style sexual offenders (KSOAS), the risk of recidivism is the middle level, and the results of the assessment of the PC-R (PC-R), which is the total point 11 points, are not lower than the middle level.

In addition, the above circumstances and the circumstances before and after the crime, and the perception and attitude of the defendant's sex.

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