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(영문) 인천지방법원 2019.08.30 2019고합253
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On February 21, 2018, the defendant and the person subject to probation order (hereinafter referred to as "defendant") were sentenced to a fine of KRW 4 million for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Incheon District Court, and on March 8, 2018, the same court was sentenced to a suspended sentence of two months for the same crime. On November 8, 2018, the Seoul Central District Court was sentenced to a suspended sentence of one year for a period of imprisonment with labor for the same crime, and the judgment became final and conclusive on June 8, 2019.

【Criminal Facts】

On January 24, 2019, around 16:10 on January 24, 2019, the Defendant found the victim C (here, 20 years of age) who was a mixed with the victim prior to the exit of Michuhol-gu Incheon, and found the victim C (here, 20 years of age). In order to force the victim by force, the victim's her own hand followed by the victim's back, and the victim's her her son's her son's her son's her son's son

Accordingly, the Defendant committed an indecent act on the part of the victim.

[In light of the fact that the Defendant again committed the same type of sexual crime even though he/she was sentenced several times due to the same type of sexual crime as the instant crime, as indicated in the facts constituting a crime in the judgment, and the background and method of the instant crime, and the character and conduct of the Defendant, it is recognized that the Defendant is likely to recommit a sexual crime, and such act constitutes Article 21-2 subparagraph 1 of the Act on Probation and Electronic Monitoring, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a suspected indecent act by compulsion;

1. A request prior investigation report;

1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, investigation reports (the same kind of crime records, etc.), and written judgments;

1. The risk of repeating a crime as indicated in the judgment: The following circumstances acknowledged by the aforementioned evidence, and ① the Defendant is inside buses, subwayss, and electric trains on September 12, 2016, and on September 5, 2016, October 5, 2017, September 13, 2017, and May 20, 2018:

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