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(영문) 서울중앙지방법원 2018.10.24 2018고합838
준강제추행등
Text

A defendant shall be punished by imprisonment for two years.

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

(b) the defendant;

Reasons

Criminal facts

On December 21, 2007, the defendant and the person who requested an attachment order (hereinafter referred to as "defendant") were sentenced to a summary order of KRW 3 million as a crime of forced indecent act committed by the Seoul Western District Court, and on April 9, 2010, the Seoul Central District Court was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Indecent Acts in Public Crow Places).

On February 6, 2015, the Defendant was sentenced to one year and six months of imprisonment for an indecent act committed by the Seoul Central District Court. On June 2, 2016, the Defendant completed the execution of the sentence in the Heung Prison, and was issued an order to attach an electronic tracking device for five years from June 2, 2016 to June 1, 2021.

[2] On August 4, 2018, the Defendant: (a) around 00:10, around the bus stops near Gwanak-gu in Seoul Special Metropolitan City, and (b) the victim C (the 28-year-old, household name) was under the influence of alcohol and was diving in the stairs; (c) took advantage of the state of resistance impossibility, knife his hand with his clothes; (d) humbbbbbbbbs and knife the body of the victim; and (d) continued to humbbbbbbbbbbbbbs and knife the victim’s chest with his left hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

[The facts constituting the ground for requesting an attachment order] The Defendant was sentenced to a sexual crime as stated in the judgment and the records of the crime, and committed a sexual crime within 10 years after the completion of the execution of the sentence, and committed a new sexual crime without attaching the location tracking device. In light of the object, circumstances and methods of the crime, Defendant’s age, sexual conduct, environment, etc., the Defendant is recognized to have committed a sexual crime two or more times, and the Defendant is likely to recommit a sexual crime in the future.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Each police officer for D, C, and E.

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