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(영문) 서울남부지방법원 2016.04.14 2016고합12
강제추행
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant's disclosure information is made through the information and communication network for a period of three years.

Reasons

On November 3, 2005, the Defendant was sentenced to a suspended sentence of three years and six months for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.) at the Seoul Southern District Court on November 3, 2005.

On June 25, 2010, the Defendant was sentenced to an order to attach an electronic tracking device for 2 years and 6 years at the Seoul High Court on the following grounds: (a) the Defendant was sentenced to an order to attach an electronic tracking device for 2 years and 6 years; and (b) the enforcement of the imprisonment was terminated on November 24, 201.

[2] On November 29, 2015, around 07:33, 2015, the Defendant discovered the victim F (n, 33 years old) who was a victim of D University located in Yangcheon-gu Seoul Metropolitan Government and an emergency room of E Hospital E Hospital E Hospital C at E Hospital C with A while taking part in his/her sexual organ at around five times.

In addition, the victim committed an indecent act on the part of the victim's hand and forced the victim to commit it.

[Fact of the cause of the attachment order] A person who requests the attachment order (hereinafter “Defendant”) committed a sexual crime like a criminal record, even though he/she was sentenced to imprisonment for a sexual crime and was subject to the attachment of an electronic tracking device, he/she committed the same sexual crime as a criminal record within 10 years after the completion of the execution of the actual sentence.

Defendant has committed two or more sexual crimes, and has a habit of such crimes.

There is a risk that a defendant will recommit a sex crime.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Entering an emergency room of the skin, such as video recording and video recording in the emergency room of the skin, and capturing a video recording in the emergency room of the suspect small or medium persons;

1. Investigation report (the criminal records as stated in the holding);

1. The following circumstances, the Defendant’s age, occupation and environment, and the previous criminal records before committing the instant crime, which may be recognized by the evidence prior to the inquiry of criminal history, the investigation report (the suspect A’s previous criminal records and attachment report), the investigation report prior to the request for an attachment order [the risk of recidivism]

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