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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 November 1, 2007, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) issued a summary order of KRW 2 million as a quasi-indecent act by force at the Chuncheon District Court on November 1, 2007, and the above summary order was finalized on December 6, 2007. On September 26, 2014, the same court was sentenced to a suspended sentence of one year for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force). The above judgment became final and conclusive on October 4, 2014.
【Criminal Facts】
On December 20, 2014, at around 05:00 on December 20, 2014, the Defendant kept a diving together with the victim D(22 years of age) at the Defendant’s residence located in Chuncheon-si, Chuncheon-si.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's potential to resist.
[Judgment of the court below] The defendant committed a sexual crime on more than two occasions as stated above, and the defendant is deemed to have a habitle to committing a sexual crime, and is likely to recommit a sexual crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (verification of criminal records of the same kind of punishment for a suspect);
1. The risk of recidivism and the recidivism of a sexual crime in the judgment: ① the defendant has been punished twice for a sexual crime; ② the defendant committed the crime in this case during the suspension period; ② the defendant committed the crime in this case to the juveniles, etc. known in the course of the suspension of execution; ② the crime in this case and the crime in this case occurred in all of the previous crimes and the crime in this case; ③ the risk of recidivism in the course of the application of the assessment of the risk of sexual offenders in Korea (K-STRAS) to the defendant is 9 points in total, and the risk of recidivism is also 16 points in total. As a result of the assessment of the risk of recidivism (PCL-R) of the mental disorder, the risk of recidivism is also 16 points in total.