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A defendant shall be punished by imprisonment for two years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Criminal facts
On October 21, 2009, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendant") sentenced the defendant to six months of imprisonment with prison labor for a quasi-indecent act by force, and completed the execution of the sentence on March 16, 2010. On August 22, 2012, the same court sentenced the defendant to one year of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place) and completed the execution of the sentence on June 7, 2013.
【Criminal Facts】
At around 08:40 on February 4, 2014, the Defendant found the victim E (n, 20 years of age) who was divingd by the “D” female inland waters room located in Yansan-gu Seoul Metropolitan City, and committed an indecent act by force against the victim by sticking the victim’s sexual organ to his her m/ her meast, as he/she followed the victim’s sexual act.
[Judgment of the court below] The defendant committed a sexual crime and is likely to recommit a sexual crime within 10 years from the completion of the execution of his/her imprisonment with labor for committing a sexual crime.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police statement of E and F;
1. Photographs photographs of each closed-circuit;
1. Previous convictions in judgment: Criminal records, copies of written judgments and current status of custody;
1. The following circumstances, i.e., the evidence duly examined by this court, including the investigation prior to the request for the risk of re-offending, (i) the Defendant’s sexual assault records; (ii) the Defendant’s Korean risk assessment tool (K-SOAS) was 14 points in total, and the risk of re-offending is high; and (iii) the result of the application of the PC-R (PC-the total point 7 points) is also assessed at the level of intermediate “intermediate” (the total point 7 points); and (iv) the Defendant’s comprehensive risk of re-offending was determined as high; and (v) the Defendant’s age, character, environment, and the instant case.