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(영문) 인천지방법원 2019.01.11 2018고합638
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On December 14, 2017, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, at the Seoul Western District Court on December 14, 2017, and the judgment becomes final and conclusive on the 22th of the same month and is still under suspended execution.

【Criminal Facts】

On September 25, 2018, the Defendant, on September 19:56, 2018, boarded the victim C (the name, the 54 years of age) to a D taxi customer operated by the victim C (the 54 years of age) in Yeonsu-gu Incheon Metropolitan City, and was seated in the steering line. On September 25, 2018, the Defendant committed an indecent act by force by force the victim by putting the victim's hand on the part of the victim's hand with the victim's hand and the back left hand.

[Facts of Probation Order] The Defendant committed a second sexual crime during the suspended execution period, even though he was placed a prior to the suspended execution due to the same type of sexual crime as the instant crime, which was committed nine months prior to that of the instant crime.

Article 21-2 subparagraph 1 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders recognize that the defendant is likely to recommit a crime of bombity.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. A written statement under C;

1. Bluebbbbling images;

1. A report on investigation, a report on investigation (a report on the confirmation of the same kind of sex offense as a suspect), a report on investigation (a report on the confirmation of the same criminal suspect and the period of suspension of execution);

1. A prior investigation report on the defendant;

1. The risk of repeating a crime as indicated in the judgment: The following circumstances acknowledged by the above evidence, ① the Defendant committed an indecent act against a female juvenile on a bus on August 28, 2017. The crime of this case is similar to the form of the instant crime, ② the Defendant committed the instant crime again during the period of probation, under which he was placed under the leave of probation. ③ The Defendant committed the instant crime.

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