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(영문) 서울동부지방법원 2019.02.15 2018고합279
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be placed on employment for three years at child or juvenile-related institutions, etc.

Reasons

Criminal facts

On September 23, 2003, the defendant and the person subject to probation order (hereinafter referred to as "defendants") were subject to a disposition to transfer juvenile protection cases due to robbery, rape, etc., and on September 30, 2005, the District Court of the Republic of Korea sentenced on September 30, 2005 to a maximum of six years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special robbery, rape, etc.).

【Criminal Facts】

At around 05:40 on April 16, 2018, the Defendant: (a) discovered that the victim C (the age of 22) was in a public toilet for male and female singing in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “the instant singing room”) without opening the toilet door, and was seated with the clothes, but he intrudes inside the room; (b) the victim was able to take the victim’s hand with only one hand and put another hand into the part of his female.

Accordingly, the defendant invadedd the room possessed by the victim and forcedly commits an indecent act against the victim.

[Fact of the cause of probation order] Even though the Defendant committed two sexual crimes, such as the record of criminal records, the Defendant again committed the instant sexual crimes, and in full view of the Defendant’s records of sexual crimes, tendency, environment, method of crime, etc., the Defendant’s risk of repeating sexual crimes without suppressing the impulses.

Summary of Evidence

1. Each legal statement of witness D and C;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. C’s statements, or records of hearing statements of a victim’s excursion ship;

1. Each investigation report (a report on the verification of wire investigation by persons related to the Ecopio bank, a report on the error of CCTV time in CCTV images, and the verification of whether the CCTV screen corresponds to the same);

1. Each internal investigation report (in relation to attachment of toilets or photographs at the place of occurrence, perusal of sing CCTVs, etc., and statements made by victims);

1. The reference inquiry report;

1. Previous convictions as indicated in the judgment: The references to criminal records, investigation reports (verification of criminal records), and attachment of relevant judgments;

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