(영문) 부산지방법원 2016.12.09 2016고합795

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줄 간격

자간(%)

(영문) 부산지방법원 2016.12.09 2016고합795

준강제추행

Text

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

The information on the accused shall be disclosed and notified for three years.

Reasons

Criminal facts

On March 29, 2011, at the Busan District Court sentenced the defendant and the person requesting probation order (hereinafter referred to as "defendant") to five years of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc., and completed the execution of the sentence on January 16, 2016.

【Criminal Facts】

On March 17, 2016, around 17:20 on March 17, 2016, the Defendant: (a) reported that the victim E (one, half, and fifty-one years of age) was under the influence of alcohol in the D plaza located in the Dong-gu Busan Metropolitan City, and (b) the victim was able to collect his hand from the part of the victim; and (c) the victim was able to gather his hand in the part of the victim.

As such, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental condition.

[The facts of the cause of a claim for probation order] The Defendant was sentenced to imprisonment with prison labor for five years for a sexual crime as stated in the records of the criminal records, and the Defendant committed a sexual crime on the top of two months after the execution of the sentence is completed, and the recidivism is recognized, and the Defendant is likely to commit a sexual crime again in full view of the subject of

Summary of Evidence

1. Statement of the criminal defendant in the first protocol of the trial for cases of 2016 highest 5323 cases before farming;

1. The police statement of E;

1. Photographs of the victim;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and accompanying documents (the attachment of a written judgment and current status of confinement of individuals);

1. The risk of repeating a sexual crime as indicated in the judgment: The defendant may be deemed to have a risk of repeating a sexual crime, considering the aforementioned evidence, the following circumstances that may be recognized by the statement in a response to a request for an attachment order and other circumstances before and after the crime, and the perception and attitude of the defendant's sex;

(1) The Defendant has been sentenced to imprisonment with prison labor for five years due to a crime under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and repeatedly committed the instant crime within the short term after the execution thereof has been completed.

(2) The crime of this case and the previous crime committed by the defendant.

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