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Defendant shall be punished by imprisonment for a term of one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Criminal facts
The facts constituting the cause of the attachment order [criminal records] Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) are currently under execution of the attachment order after the completion of the execution of the sentence by the Daegu District Court on July 16, 2016, after being sentenced to an order to attach an electronic tracking device for two years and five years, due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at the Daegu District Court on November 28, 2014.
[ 범죄사실] 피고인은 2018. 6. 1. 15:53 ~16 :21 경 서울발 부산 행 무궁화호 C 열차를 타고 가다가 추풍령- 구미 역 구간을 지날 때 위 열차의 3호 차, 4호 차의 연결 통로에 있는 세면대 앞에서, 화장실 순서를 기다리고 있는 피해자 D( 여, 18세 )에게 다가가 외국인 행세를 하면서 양손을 교차하여 피해자의 양손을 잡아 악수를 하고, 피해자 쪽으로 넘어지는 시늉을 하면서 양손으로 피해자의 가슴을 쓰다듬고, 피해자가 세면대 쪽으로 이동하자 피해자의 뒤에서 안듯이 양손으로 피해자의 가슴을 움켜잡아 피해자를 강제로 추행하였다.
[The facts leading to the attachment order] The Defendant committed the instant sexual crime within 10 years after having been sentenced to imprisonment with prison labor for committing a sexual crime, and had the record of being attached with an electronic device under the former Act on the Location Tracing Electronic Monitoring, etc. of Specific Criminal Offenders due to a sexual crime, and again committed the instant sexual crime on at least two occasions, and is likely to recommit the sexual crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. A report on investigation;
1. Previous convictions in judgment: Investigation report (No. 9 times a year), personal confinement status, inquiry into criminal records and criminal investigation records, and copy of the relevant judgment;
1. The risk of recidivism of sexual crimes as indicated in the judgment: The evidence mentioned above, the investigation report prior to the request, and the report on the status of observation of protection.