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(영문) 의정부지방법원 2014.08.28 2014고합97
강제추행미수
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On August 12, 2010, the Seoul High Court sentenced the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") to four years of imprisonment with prison labor for violating the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Special Rape) and completed the execution of the sentence in the port prison on November 24, 2013.

【Criminal Facts” around 17:30 on February 21, 2014, the Defendant entered the “D” coffee shop on the second floor of the C Ground Building at P, and had weak ability to discern things or make decisions due to mental disorders, and had the ability to discover and commit indecent act against the victim E (the age of 19) who was living alone at the home.

After the Defendant’s behind the victim, etc., the Defendant: (a) stated that the victim saw a man-made sick, knife knife knife knife knife knife knife knife knife knife knife knife; (b) attempted to put the knife to the victim knife knife, and knife knife knife knife knife; (c) however, the victim knifeed by knife knife knife, and attempted to do so on the third floor; and (d) knife kn

【The Facts leading to the attachment order】 The Defendant committed the instant sexual crime within 10 years after he/she was sentenced to imprisonment with prison labor for a sexual crime as seen above, and committed the sexual crime two or more times, and the recidivism is recognized, and there is a risk of recommitting the sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. A certified copy of medical records;

1. CCTV images in a coffee shop;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to judgments), copies of judgments 209 high-class 264 and current status of personal confinement, etc.;

1. The risk of recidivism of sexual crimes, the habits of sexual crimes as indicated in the judgment: the above evidence and the risk thereof;

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