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(영문) 울산지방법원 2016.11.04 2016고합310
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

및 부착명령 원인사실 [범죄사실] 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 2016. 7. 2. 06:24경 울산 중구 C에 있는 D 4층에 있는 찜질방 공용휴게실에서 잠을 자고 있는 피해자 E(가명, 여, 20세)을 발견하자 피해자를 추행하기로 마음먹고, 그때부터 같은 날 07:21경까지 피해자의 오른쪽 옆에 누워 가지고 있던 이불로 피고인과 피해자를 덮은 후 다리를 피해자의 허벅지 위에 올리고, 손으로 피해자의 음부를 비비고, 이불 속으로 들어가 피해자의 음부 부위에 얼굴을 대고 비볐다.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

[Facts that cause an attachment order] The Defendant has a record of punishment three times for a sexual crime and has a risk of recommitting a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement of E;

1. The following circumstances acknowledged by the evidence and the claim prior investigation that stored CCTV images at the scene of the crime, namely, ① even before the crime of this case was committed, the Defendant again committed the crime of this case, which is a sexual crime, even though he had been subject to criminal punishment (one time a fine and two times a suspended execution), even though he had committed a sexual crime, such as indecent act by force, on three occasions before the crime of this case was committed, and ② the Defendant again committed the crime of this case during the suspended execution period after being sentenced to two years of a suspended execution on October 8, 2015 due to indecent act by force on August 8, 201, ② the Defendant again committed the crime of this case during the suspended execution period after being sentenced to two years of a suspended execution on October 8, 205, ③ the Defendant committed the sexual crime and the crime of this case, all of which were already punished, committed an indecent act by means of a method similar to that of female victims,

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