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(영문) 인천지방법원 부천지원 2019.08.09 2019고합142
준강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant's disclosure of information to the public shall be made through an information and communications network for three years.

Reasons

Criminal facts

On October 13, 2016, the former District Court rendered a sentence of imprisonment with prison labor for not less than eight months for indecent acts by compulsion, etc. at the former District Court’s branch court and the Eup branch court’s branch court, and completed the execution of the sentence on May 12, 2017.

【Criminal Facts】

At around 04:10 on January 6, 2019, the Defendant: (a) reported the victim D (tentative name, ring, 22 years of age) at the Seocheon-si B 8-si C Sari or the public waters surface room; (b) and (c) led to the Defendant’s desire to commit an indecent act against the victim’s hand, leading the victim to the Defendant’s voice.

Accordingly, the defendant committed indecent acts by taking advantage of the state of mental or physical disability or impossibility to resist.

[Facts as indicated in the reasoning of the judgment, the Defendant was sentenced to imprisonment due to the crime of indecent act by force, etc., which is a sexual crime, and committed the crime of quasi-indecent act by force within ten years after the execution of the sentence is completed, and the commission of the crime of quasi-indecent act, which is a sexual crime, has been admitted by committing two or more sexual crimes,

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Data on internal investigation reports (CCTV image verification) and accompanying documents;

1. Previous convictions in judgment: Criminal history records, etc. inquiry report (A), each investigation report (the same previous conviction and confirmation of a suspect's punishment, the confirmation of the date of release from a facility, May 12, 2017), and each attachment data;

1. The risk of repeating a crime in the judgment: The following circumstances acknowledged by the evidence duly adopted and investigated by the court, including the character and conduct of the defendant, the environment, family relationship, the motive and background of the crime in this case, the method and content thereof, and the situation before and after the crime, are acknowledged to be likely to recommit a sexual crime.

(1) The defendant shall be punished by a fine of two million won for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims, around 2003, and imprisonment for eight months for a crime of violation of the Act on the Protection, etc. of Juveniles from Sexual Abuse around 2008.

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