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(영문) 서울중앙지방법원 2016.12.02 2016고합1024
준강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

To the person against whom the attachment order is requested, an electronic tracking device shall be attached for three years.

Reasons

Criminal facts

On April 2, 2010, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) received a summary order of KRW 1 million as a quasi-indecent act by force at the Seoul Eastern District Court on April 2, 201, and on January 20, 2016, the former District Court sentenced the Defendant to a suspended sentence of imprisonment for four months due to indecent act by force on January 28, 2016.

【Criminal Facts】

On August 14, 2016, 05:39 around 05:39, the Defendant was divingd by the victim E (the age of 27) who was locked in the second floor and the water surface room underground of the “D” building in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul, and became only the sexual flag of the victim by a lush hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

[Facts that cause an attachment order] The Defendant committed the instant crime despite the suspension period of execution for the same crime, and committed a sexual crime two or more times, and is deemed to have a habit of committing such crime, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation by telephone;

1. CCTV images to be cut;

1. Previous convictions: Investigation report (in cases of persons subject to investigation A, results of investigation of suspects and investigation of case detailed information), summary order, judgments, criminal records, inquiry reports such as criminal records, investigation reports (in cases of the same type of crime and probation period), and investigation reports;

1. The risk of recidivism and the recidivism of sexual crime committed in the judgment: The following circumstances acknowledged by the evidence duly adopted and investigated by this court, taking into account the character, conduct and environment of the defendant, motive and circumstance of the crime, and circumstances after the crime, it is recognized that the defendant is in danger of recidivism and recidivism of sexual crime.

① On April 2, 2010, the Defendant was issued a summary order of KRW 1 million due to quasi-indecent act by force at the Seoul Eastern District Court, and was prosecuted on April 3, 2013 at the Seoul Central District Court for the crime of indecent act by force, and subsequently dismissed the Defendant was determined by mutual consent with the victim.

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