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A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall complete the sexual assault treatment program for 80 hours.
Reasons
Criminal facts
On February 5, 2009, the former District Court sentenced the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") to two years and six months of imprisonment for the crime of bodily injury resulting from indecent act by force and three years of suspended execution.
【Criminal Facts】
On June 15, 2014, at around 06:55, the Defendant discovered the victim E (the age of 26) who gets from a taxi near the D restaurant located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, and the victim followed up the entrance of the F building in Jeonjin-gu, Jeonjin-gu, Jeondong-gu, and entered the building to divide the password, as if the victim were living in the same room as the victim, and intrudes the victim into the building as if he were living in the same room as the victim. On June 15, 201, the Defendant 200: (a) ran the victim into the 201st place where her domicile is the victim; (b) putting the victim at the door, she forced the victim to rap the part of the victim’s hye by using the left arms.
[Judgment of the court below] The defendant committed a sexual crime on at least two occasions, and the defendant is found to have a habit of committing a sexual crime and is likely to recommit a sexual crime.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and G;
1. Photographs, etc. from which data on video is extracted;
1. Previous convictions: Inquiry reports and investigation reports (a copy of criminal punishment decisions of a suspect);
1. The risk of recidivism in the judgment: (a) the following circumstances recognized by this court, including the evidence adopted and examined prior to the request, namely, ① the risk assessment tool for the defendant's Korean sex offender (K-SCRAS) was assessed at the level of "interim" as a total of 10 points; and (b) the defendant has already been punished for the crime of indecent act by compulsion; and (c) the defendant's age, character and behavior, environment, motive and method of the crime of this case, circumstances before and after the crime, and awareness and attitude of the defendant's sex, etc. are considered to have a risk of recidivism.