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(영문) 서울북부지방법원 2020.04.24 2020고합70
준강제추행
Text

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

The defendant's information about the defendant shall be made through an information and communications network for five years.

Reasons

Criminal facts

On August 10, 2004, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) revised the following: (a) the Defendant’s and the person to whom the attachment order was issued (a) a fine of KRW 3 million for the crime of quasi-indecent act by force in the Seoul Northern District Court; and (b) on May 16, 2005, the Seoul Central District Court considered the amount of KRW 5 million for the crime of quasi-indecent act by force in the Seoul Central District Court as a clerical error; and (c) the amount of KRW 5 million

On September 26, 2006, the Seoul Central District Court changed the term of 2 years of probation to October, 201, the term of 6 months imprisonment by quasi-indecent act by compulsion at the Seoul Western District Court on August 17, 2012, July 19, 2013, the term of 8 months imprisonment by quasi-indecent act by compulsion at the Seoul Central District Court on July 25, 2016, and the term "Seoul High Court" on July 22, 2016, which was recorded in the facts constituting the cause of requesting attachment order by the Seoul Central District Court on March 25, 2016.

On July 22, 2016, the Seoul High Court was sentenced to an attachment order of an electronic tracking device for three years, and one year, respectively.

【Criminal Facts】

On December 14, 2019, around 05:18, the Defendant, at the 34th film viewing room in Seongbuk-gu Seoul Metropolitan Government on December 14, 2019, accumulated the part of the Defendant’s body in the victim D (name, her, age 32) who was divingd, posted the part of the Defendant’s body in several times to the victim’s her her her her her her her her her her her her her her her her her his her her her her her her her her her her her her her her her her her her her her,

Accordingly, the Defendant committed indecent act against the victim in a state of mental disorder.

[Judgment of the court below] The defendant subject to an order to attach an electronic device under the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders committed a sexual crime again as stated in the facts constituting a crime although he/she had a record of being subject to an order to attach an electronic device under the Act on the Probation and Electronic Monitoring, etc. of Electronic Devices. The defendant committed a sexual crime more than twice

Summary of Evidence

1. The first time;

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