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(영문) 서울중앙지방법원 2017.09.14 2017고합688
강제추행등
Text

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment for one year.

Defendant

In addition, the person against whom the attachment order is requested.

Reasons

Criminal facts

【Criminal Records】 The Defendant and the requester for an attachment order (hereinafter “Defendant”) were sentenced to two years of imprisonment for a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities) at the Seoul Southern District Court on November 22, 2012 and completed the execution of the above sentence on August 12, 2014. On June 23, 2016, the Incheon District Court sentenced the Defendant to imprisonment for ten months and fines for two million won due to forced indecent acts, etc. at the Incheon District Court on June 23, 2016, and completed the execution of the above sentence on May 22, 2017.

【Criminal facts” around 22:10 on June 5, 2017, the Defendant: (a) viewed a cell phone from a bridge consisting of the steel bars located between subway No. 6 lines D & 3 air stations of subway No. 6 lines in Jongno-gu Seoul Metropolitan Government, and four air stations; and (b) described the victim E (V, 24 years of age) on his/her own hand, she mardd the victim’s left part.

Accordingly, the defendant committed indecent acts against the victim by assault.

【The facts constituting the ground for requesting an attachment order】 The Defendant committed the above sexual crime and completed the execution of a sentence of imprisonment for committing the sexual crime, and subsequently committed the sexual crime again in the absence of two weeks, while attaching an electronic tracking device under the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., and committed the sexual crime on two or more occasions, and there is a high risk of recommitting the sexual crime in a similar situation in view of the method of crime, the status of the Defendant, and the career.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of resignation to E;

1. Each investigation report (Evidence list 4,10,14,15,21);

1. Sending data received by an electronic device subject to attachment;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (list 17 of evidence), personal confinement status, and judgment;

1. The risk of recidivism and recidivism as indicated in the judgment: each of the above evidence and evidence;

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