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(영문) 수원지방법원 평택지원 2016.08.29 2016고합63
준강제추행
Text

A defendant shall be punished by imprisonment for two years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

On September 18, 2014, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) were sentenced to imprisonment with prison labor for a crime of intrusion upon residence in the Suwon District Court, and on June 23, 2015, the execution of the sentence was completed by the Sungsung Vocational Training Correctional Institution on September 23, 2015.

On May 29, 2016, the Defendant, at around 04:12, at the official resting room of “C Sarina” located in Pyeongtaek-do, Gyeonggi-do, the victim D (name, leisure, 22 years old) was unable to resist due to diving. On the part of the victim, the Defendant was able to fill in the victim’s entrance, thereby saving the Defendant into the victim’s inner entrance, and keep the victim’s chest by hand, and write the victim’s head.

Accordingly, the defendant committed an indecent act against the victim in a state of impossibility to resist due to the surface of the water.

[The facts constituting the cause of the attachment order] The Defendant was sentenced to a suspended sentence of two years and six months on July 16, 2004 to imprisonment with prison labor for a crime of indecent act committed in the assistance of the Suwon Franchisor, and on January 6, 2009, the Defendant was sentenced to a suspended sentence of two years on August 28, 2009. On September 28, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of forced indecent act committed in the Pyeongtaek District Court’s Pyeongtaek District Court’s Eunpyeong District Court’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the time of imprisonment with prison labor for more than ten months and three years and completed the execution of the sentence on May 3, 2012, and was subject to the attachment of an electronic tracking device on April 24, 2016.

As above, Defendant was sentenced to imprisonment for a crime of sexual assault, and the execution thereof was completed on May 29, 2016, when ten years have not passed since the completion of the execution of the sentence, and again committed the sexual assault of this case on two or more occasions, and there is a risk of repeating the sexual assault crime.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous records: Investigation report (verification of criminal records for repeated crimes), judgment - current status of expropriation of individuals;

1. The risk of recidivism in the judgment:

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