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(영문) 대구지방법원 서부지원 2019.01.10 2018고합197
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

On October 4, 2005, the defendant and the person requesting probation order (hereinafter referred to as "defendant") were sentenced to imprisonment for eight months or more with prison labor due to quasi-indecent acts by force at the Daegu District Court, and two years of suspended execution. On April 21, 201, the defendant was sentenced to imprisonment for one year and two months and three years of suspended execution with prison labor for the same crime from the vice branch of the Daegu District Court.

【Criminal Facts】

The defendant and the victim B (a person, a person) are not aware of each other, and people who enter the soup bank as a guest.

From 05:00 on June 24, 2018 to 06:00 on the same day, the Defendant forced the victim who was locked in the water surface room for male and female women in Daegu-gu, Daegu-gu, to take a soup so that she was frying and making soup up to the victim’s side, and forced the victim to take out the Defendant’s sexual organ outside of the left cover of the soup soup and put it out out to the victim’s left hand, and forced the victim who was unable to resist due to locked, such as committing up about 1 to 2 minutes.

[Judgment of the court below] The Defendant’s ground for requesting probation order is that the Defendant committed a sexual crime on at least two occasions, as stated in the judgment of the court below, and the Defendant committed a sexual crime on at least two occasions, and there is a high risk of recommitting a sexual crime in light of the background and method of the crime, circumstances

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Scephish photographs of DNA suspects;

1. Previous records of judgment: Criminal records, inquiry reports, and investigation reports (Attachment to the same type of judgment);

1. The following circumstances, i.e., the evidence revealed prior to the recidivism of a sexual crime and the risk of recidivism, which may be recognized by the statement of the claim prior to the occurrence of the crime, i.e., the Defendant had the record of criminal punishment twice prior to the instant crime, ii) the Defendant again committed the instant crime, which is the same kind of crime, and iii) the said three crimes at public places, such as making soup.

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