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(영문) 인천지방법원 2018.10.05 2018고합412
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Information on the accused shall be disclosed and notified for a period of three years: Provided, That it shall be disclosed and notified.

Reasons

Criminal facts

On July 24, 2009, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendant") were sentenced to six years of imprisonment with prison labor due to forced indecent acts, etc. by the Incheon District Court. On July 15, 2015, the Incheon District Court sentenced the defendant to ten months of imprisonment with prison labor for forced indecent acts, and completed the execution of the sentence on November 26, 2015.

[Criminal facts]

1. On May 1, 2018, the Defendant, at around 13:33, committed an indecent act, committed an indecent act by force, committed an indecent act by reporting the victim D (name, appearance, age 24) who was seated at the bus stops located in Nam-gu Incheon Metropolitan City, to commit an indecent act by reporting the victim D (the name, age 24) at the bus stops, and by inducing the victim, who was seated next to the bus stops.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant: (a) reported that a person who suffered from an indecent act at the time and place specified in paragraph (1) as mentioned above intends to report to 112 mobile phones; and (b) laid down the victim’s hand and arms in order to prevent such reporting.

Accordingly, the defendant assaulted the victim.

[Fact that the Defendant committed a sexual crime as indicated in the judgment below] Even though he was sentenced to imprisonment on two occasions by committing a sexual crime as stated in the record of the crime, the Defendant committed the sexual crime in this case against the next victim within ten years after the execution of the sentence is completed, and is likely to recommit the sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and E respective legal statements;

1. Statement made by the police with respect to D;

1. Each investigation report (CCTV image analysis, victim hand, etc.);

1. Previous convictions: A written reply to inquiries, such as criminal history (A), and report on investigation (the confirmation of the date of release);

1. The risk of recidivism of sexual crime as indicated in the judgment: The following circumstances, which could be identified by comprehensively taking into account the respective evidence and the statements in the reply to the request prior to the request, namely, the Defendant was sentenced to a punishment for committing a sex crime, and even after being subject to medical treatment and custody.

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