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(영문) 부산지방법원동부지원 2020.09.15 2020고합106
준강제추행
Text

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

The information on the accused is disclosed through an information and communications network for five years.

Reasons

Criminal facts

On May 9, 200, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to two years of imprisonment for the crime of rape at the Busan District Court on September 19, 200, and three years of imprisonment for the crime of rape at the Busan District Court on September 19, 2003. On June 18, 2009, the Busan High Court sentenced the defendant to one year of imprisonment for the crime of quasi-indecent act by force, and on January 17, 2018, the execution of the sentence was completed by the Fail Prison on October 3, 2019.

【Criminal Facts】

On February 20, 2020, the Defendant: (a) discovered the victim E (influence, name, 23 years old) who was seated in D’s bus at the bus stop located in Nam-gu Busan Metropolitan City on February 20, 2020; (b) caused the victim to be able to commit an indecent act against the victim by taking advantage of the gaps in which the victim is locked; and (c) was seated above the victim’s seat on the part of the buckbucks of the victim; and (d) committed an indecent act by force against the victim as to the victim’s right to resist by inserting the hand over six minutes following the buckbucks of the victim.

[Judgment of the court below] The Defendant, who was sentenced to imprisonment several times for sexual crimes, committed the crime of this case again even during the period of repeated crimes, and repeated the same method of crime. As such, it is recognized that there is a risk of repeating sexual crimes, it is necessary to attach an electronic device to his/her body to track his/her behavior in order to re-socialize by preventing recidivism and correcting personality and behavior.

Summary of Evidence

1. The defendant's statement on the third trial date in court;

1. Examination protocol of the accused by prosecution;

1. Investigation report by the police on the statement of E (tentative name) (Attachment to a statement of 112 report processing);

1. A reply to the details of the complaint, a photograph by cutting down images and transportation cards;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), electronic documents pertaining to investigation reports, medical treatment and custody, probation, and screening of prisoners;

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