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A defendant shall be punished by imprisonment for six months.
The information on the accused shall be disclosed through an information and communications network for three years.
Reasons
Criminal facts
On April 18, 2014, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to a suspended sentence of one year of imprisonment with prison labor for the crime of indecent act by force at the Seoul Southern District Court, and on October 26, 2018, the Seoul High Court sentenced one year and two months of imprisonment with prison labor for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and completed the execution of the sentence on May 19, 2019.
[Criminal Facts and Grounds for Attachment Order] On October 27, 2019, around 16:34, 2019, the Defendant committed an indecent act by force against the victim B (here, 21 years of age) who is in Songpa-gu Seoul Metropolitan Government △△△△△△△△△△△, in front of the calculation unit, and she saw the victim as “self-help, self-determination, and self-determination,” while she walked the victim’s chest with the victim’s own hand.
Since the Defendant committed a sexual crime on at least two occasions as stated in the foregoing criminal records and criminal facts, the Defendant satisfied the requirements under Article 5(1)3 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and in light of the background of the instant crime, the form and method of the crime, character and conduct, etc., the Defendant is highly likely to recommit a sexual assault crime.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A report on investigation (a CCTV investigation into generated areas);
1. Criminal records as stated in the judgment: Report on the previous disposition, results of confirmation, judgment, personal confinement status, criminal records, etc.;
1. The recidivism of sexual crime and the risk of recidivism: The following circumstances revealed by each of the above evidence and the written investigation before the request, namely, the Defendant already committed the instant crime without being aware of the fact that the Defendant had a record of punishment by compulsion of three victims including children and juveniles, and committed the instant crime, even though it is during the period of repeated crime against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. entered in the judgment.