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A defendant shall be punished by imprisonment for not less than eight months.
The accused shall be at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.
Reasons
Criminal facts
On June 20, 2018, at around 00:36, the defendant and the person requesting probation order (hereinafter referred to as the "defendant") were seated next to the victim E (the name of the victim, the age of 19) who was aboard the bus and was seated near the rear door of the bus while boarding the D bus in front of the C Hospital located in Dongdaemun-gu Seoul, Seoul on June 20, 2018.
Accordingly, the Defendant committed an indecent act on the part of the victim, who was in a state of mental or physical disability or non-fluence.
[The facts leading up to the request for probation order (2019 Report3)] On September 25, 2015, the Defendant was sentenced to a fine of KRW 10 million on the grounds of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and committed a sexual crime as stated in the facts of the crime. In addition, the Defendant is likely to recommit a sexual crime, taking into account the following: (a) the method and motive of the instant crime; (b) the motive of the crime; (c) the history of the crime; (d
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of E;
1. On-site reports, investigation reports (the confirmation of a bus on board the victim, the confirmation of a bus black box), investigation reports (the reply to a seizure warrant and the verification of card numbers used by a suspect), investigation reports (the attachment of CCTV images of a bus);
1. Responses to a warrant of search, seizure and verification, and a warrant of search, seizure and verification;
1. Photographss of black stuffs and photographs;
1. Previous convictions in judgment: A criminal investigation report (report attached to a judgment, etc.), a criminal investigation report (verification of previous records), and criminal records;
1. The risk of recidivism: (a) on September 16, 2002, the Seoul Central District Court sentenced a fine of KRW 10 million to a violation of the Act on the Protection of Juveniles against Sexual Abuse by providing “act of buying sex of a juvenile” to the following circumstances recognized by the aforementioned evidence; and (b) on September 25, 2015, the Defendant was sentenced to a fine of KRW 10 million.