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A person shall be punished by imprisonment with prison labor for one year, and imprisonment with prison labor for two crimes as stated in the judgment of the defendant, respectively.
Reasons
Criminal facts
On January 14, 2014, the Defendant was sentenced to a suspended sentence of two years on January 22, 2014 by imprisonment for the crime of quasi-indecent act by force at the Busan District Court's Dong Branch Branch, and the judgment became final and conclusive on January 22, 2014.
【Criminal Facts】
1. 2014고합89 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 2014. 8. 24. 02:45경 거제시 C에 있는 D사우나 10층 찜질방에서, 잠을 자고 있던 피해자 E(여, 13세)의 아래쪽에 누워 있다가 피해자의 왼쪽 발바닥을 혀로 수회 핥고, 바지를 내려 성기를 꺼내 피해자의 왼쪽 발바닥에 문지른 후 피해자의 왼쪽 종아리 안쪽 부분을 혀로 핥았다.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's potential to resist.
2. Around 02:00 on December 15, 2013, the Defendant committed an indecent act against the victim by taking advantage of the victim’s her ability to resist, such as taking the victim’s bridge back to a sobrying “G” bank located in the Seo-gu Busan, Seo-gu, Busan, and taking the victim’s bridge back to a sobrying (16 years of age).
【Facts constituting the cause of an attachment order】 The Defendant has committed a sexual crime against a person under the age of 19 on at least two occasions by committing a sexual crime, as stated in the criminal records and criminal facts paragraph (1), and is likely to repeat a sex crime again.
Summary of Evidence
[Judgment of the court below]
1. Defendant's legal statement;
1. The fact in paragraph (2) at the time of making a statement to E;
1. Defendant's legal statement;
1. Two times the police statement of H;
1. Investigation report 【Prior Hearing report】
1. The investigation report (the confirmation of the facts of the offense, etc., the attachment report of the suspect's recent judgment), the inquiry into the foreign crime and investigation records (A) about the risk of re-offending), the evidence mentioned above, the investigation report prior to the request, and the investigation report, and probation.