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The Defendant’s motion to attach the instant attachment order is dismissed.
Reasons
On April 2, 1997, the summary of the facts charged [criminal record] Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for four years and eight months at the Seoul High Court for a minor’s deemed rape, etc.; and on September 19, 191 at the Seoul High Court for a short term of ten months for a minor’s deemed indecent act by force.
[Fact-finding] Victim D (Woo, 32 years old) is a person with a physical disability of grade 2.
피고인은 2013. 7. 20.경 저녁 무렵 서울 도봉구 E에 있는 어느 주점에서 자신의 처, 피해자, 피해자의 지인과 술을 마시고 귀가하던 중 피해자에게 어깨동무를 한 후 갑자기 “물컹물컹하다. 이 물컹한 것이 뭐냐 ”라면서 피해자의 오른쪽 가슴을 손으로 만졌다.
Accordingly, the defendant committed an indecent act against the victim with a physical or mental disability.
At around 20:00 on August 2, 2013, the Defendant used the gap between his wife and the victim while drinking alcohol together with the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government, and the wife used the gap between his wife and the victim, thereby making the Defendant’s right chests of the victim as his hand.
Accordingly, the defendant committed an indecent act against the victim with a physical or mental disability.
At around 16:00 on August 4, 2013, the Defendant, at the place specified in Paragraph 2, 16:0, changed the victim's right chests from the garden to the victim's right chests.
Accordingly, the defendant committed an indecent act against the victim with a physical or mental disability.
[Judgment of the court below] The defendant committed a sexual crime on two or more occasions, and committed a sexual crime against a person with a physical or mental disability.
In addition, the defendant is likely to recommit a sexual crime.
Defendant
With regard to the summary of the facts charged, the Defendant did not commit an indecent act against the victim at each time, and with regard to Article 3 of the facts charged, the Defendant did not commit an indecent act against the victim.