Text
A defendant shall be punished by imprisonment for not more than ten 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 26, 2013, the defendant and the claimant for the order to observe the protection (hereinafter referred to as the "defendant") received a summary order of KRW 7 million as a crime of forced indecent act in the Busan District Court’s Vice Branch, and on December 30, 2013, the same court was sentenced to a suspended sentence of six months for the same crime. On August 17, 2015, the Incheon District Public Prosecutor’s Office suspended the indictment for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by a minor under the age of 13).
[2] On February 14, 2016, the Defendant, at around 14:00, committed an indecent act by force against the victim for about three minutes by using the victim’s face, shoulder, and tamp, hinging the victim’s hand, hinging the victim’s hand, hing the victim’s hing the victim’s hand, hing the victim’s hinging the victim’s hing, hinginging the victim’s hinging the victim’s hinging, hinginging the victim’s hinginginging the victim’s hing, hinginging the victim’s chest, and hing the victim’s hinging the victim’s chest, and hing the body into two arms.
[Fact of the ground for issuing an order to observe the protection] Defendant is highly likely to recommit sexual crimes in light of the following: (a) a person who committed a sexual crime on at least two occasions and committed such crime; (b) a consistent method of committing the crime; and (c) a person subject to registration of personal information, who committed a recidivism
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. 112 Reported case processing lists, report on internal investigation (on-site inspection), report on internal investigation (F CCTV verification, etc.), investigation report (specific suspect);
1. CCTV photographs on the scene of a crime, CCTV on the surface of a crime scene, and video CDs;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (report attached to records, such as judgment of the relevant case, etc.-written judgment, each summary order, and each non-prosecution decision);
1. The risk of repeating a crime as indicated in the judgment: Each of the above evidence and a written investigation before the request;