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Reasons
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(영문) 수원지방법원 2018.05.10 2018고합126
준강제추행
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Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Criminal facts

On November 30, 2006, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) were sentenced to a suspended sentence of six months for a crime of forced indecent act committed by the Seoul Western District Court. On September 4, 2014, the Defendant was sentenced to a suspended sentence of ten months for a crime of forced indecent act committed by the Suwon District Court and completed the execution of the said sentence on July 3, 2015.

[ 범죄사실] 피고인은 2018. 1. 14. 06:15 경 수원시 영통구 C에 있는 D 찜질 방에서, 자고 있는 피해자 E( 가명, 여, 24세) 의 옆에 누워 손을 피해 자의 찜질 복 안으로 집어넣어 피해자의 가슴을 수회 만지고, 피해자 뒤에 올라 타 피고인의 성기를 피해 자의 엉덩이에 비볐다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

[In light of the purpose and frequency of crimes, the circumstances and methods of crimes, the defendant's age, sexual conduct, environment, etc., the defendant committed a sexual crime on at least two occasions and committed a sexual crime and there is a risk of recommitting a sexual crime in the future. The defendant committed a sexual crime on at least two occasions in light of the purpose of the crime, the number of crimes, the circumstances and methods of the crime, the defendant's age, sexual conduct, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name) and F;

1. Investigation report (CCTV image analysis), each field photograph, and the compilation in the closure of DNA CCTV images (based on the record of the crime in its holding);

1. Written inquiry about criminal history (A);

1. Each investigation report (Attachment of the sentence, etc. of the judgment, attachment of the same criminal suspect's judgment, attachment of the personal confinement status), the sentence 4 (Investigation Records 130-137, 141-142) of the judgment (the investigation records 130-137, 141-142), the above evidence and the investigation report prior to the request.

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