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(영문) 수원지방법원 안산지원 2013.12.20 2013고합362
강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On June 21, 1996, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for two years and six months and four years of suspension of execution for the crime of indecent act by force at the Suwon District Court on June 21, 1996. On October 10, 200, the Seoul High Court sentenced one year and six months of imprisonment with prison labor for the crime of violation of the Punishment of Sexual Crimes and Protection of Victims, etc. Act (special rape, etc.) at the Seoul High Court on October 10, 200, issued a summary order of KRW 3 million for the crime of indecent act by force in the Suwon District Court's Ansan Branch Branch on May 22, 2007, and on April 19, 2013, the Suwon District Court was sentenced to imprisonment with labor for one year and six months and three years of suspended execution for the crime of violation of the Child and Juvenile Protection Act

On August 2, 2013, around 20:45, the Defendant, at the first reading room of the 3rd floor of the “D Library” located in Silung-si, and the Defendant laid down his hand with the clothes of the victim E (18 years old, female) who was sitting and divinged in the side, and her chest, her chest, buck, and bucks.

Accordingly, the Defendant committed indecent act against the victim who was unable to resist.

[Judgment of the court below] The defendant committed a sexual crime on at least two occasions as stated in the above facts of the crime, and the defendant has a risk of repeating a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site CCTV photographs (before before the market);

1. In the following circumstances, the inquiry report, investigation report (Attachment of the previous conviction and attachment of the same type judgment), social report [the danger of recidivism] prior to the request for an attachment order, the evidence revealed above, and each statement of the prosecutor's office and the police interrogation protocol against the defendant, which is, ① the defendant committed a sex offense four times even before the crime in this case was committed, and in particular, the defendant was sentenced to a suspended sentence of one year and six months on April 19, 2013 due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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