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(영문) 의정부지방법원 고양지원 2020.02.04 2019고합221
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The information on the accused is disclosed through the information and communications network for two years.

Reasons

Criminal facts

On July 21, 2011, the Seoul High Court was sentenced to two years and six months to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

【Criminal Facts】

At around 00:50 on August 8, 2019, the Defendant sawd the victim C (Inn, 18 years of age) in the B Apartment-gu, Pakistan-si on August 8, 2019.

[Fact of the cause of probation order] The Defendant is likely to recommit sexual crimes in consideration of the criminal records, criminal methods, etc. of committing sexual crimes.

Summary of Evidence

[Criminal Facts at the time of the trial] Defendant’s legal statement (as of the third day of trial), D, C, and E’s legal statement, investigation report (police video recording confirmation), and criminal records [including attached documents] / [The risk of recidivism at the time of the trial] Defendant’s statement (including all of the attached documents] / (1) falls under the intermediate level (7-12 points) 9 points as a result of the evaluation of Korea’s risk assessment tool (KSAS), and (6) / The investigation report prior to the request was already sentenced to punishment for sexual crimes (as of the third day of trial), the sexual crime of this case again committed the sexual crime of this case (as of the first day of the investigation), and (3) The sexual crime of this case committed the sexual crime of this case (as of the second day of trial), the victim did not resist the victim and did not commit rape at night, but it is sufficiently recognized that the risk of the sexual crime of this case was sufficiently similar to the criminal act of this case, as well as the character and conduct of the Defendant.

Application of Statutes

Article 36 of the Act on the Punishment of Criminal Crimes

Article 298 of the Criminal Code, Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is not imposed by a sentence selected.

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