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(영문) 수원지방법원 2019.01.24 2018고합416
강제추행
Text

A defendant shall be punished by imprisonment for a period of five months.

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

Reasons

Criminal facts

On December 20, 2016, the defendant and the person requesting probation order (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for not less than one year and six months due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at the Suwon District Court on December 20, 2016, and the execution of the sentence was terminated at the female prison on June 21, 2018.

【Criminal Facts】

The Defendant committed an indecent act by force against the victim by putting the victim's chest on his own hand by driving away from the victim D (one-time, 18 years of age) around August 21, 2018, while the Defendant lacks the ability to discern things or make decisions due to diseases, such as intellectual disability and tidal wave disorder, around C Middle School located in Osan-si B on August 11, 2018.

[Cause of Probation Order] The Defendant committed a sexual crime as indicated in the facts of the crime in the judgment below. The Defendant is likely to recommit a sexual crime in light of the criminal records of the Defendant and the circumstances and methods of each of the instant crimes, the subject of the crime, the age, occupation, environment, personality and conduct of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. On-site reports and investigation reports (CCTV investigation);

1. A doctor E opinion;

1. CCTV CD images (criminal power in the market);

1. In full view of the following circumstances, which can be recognized by the evidence mentioned above, the status of acceptance by each individual, and a copy of the judgment (the risk of recidivism of a sexual crime in the market), the evidence mentioned above, the defendant's age, character, occupation and environment, awareness and attitude of sex, and the criminal conduct prior to the instant crime, the object and method, motive, means, method, and place of the crime, it is recognized that the defendant is likely to recommit a sexual crime.

1. The case is a woman who, by driving away from the victim's rear behind, commits an indecent act by driving the victim's chest with the victim's own hand, and is a woman who does not have a common sense.

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