(영문) 서울동부지방법원 2016.08.18 2016고합151

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2016.08.18 2016고합151

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

The defendant's disclosure information is made through the information and communication network for a period of three years.

Reasons

Criminal facts

The defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") were sentenced to the punishment of imprisonment with prison labor for eight months on December 28, 2005 and eight months on November 5, 2009 and eight months on December 24, 2009 for the same crime at the Seoul Central District Court.

【The facts constituting the crime and the attachment order request】 On March 22, 2015, the Defendant discovered the victim E (the 64 years old) who was divingd by taking soup at the soup room of “D” on the 1st underground floor of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, with the intent to detect the victim E (the 64 years old) and commit an indecent act against the victim at that place; the victim Dacam scam in his/her back to the victim; the victim scam in his/her hands back to the victim’s left side; the victim scam from the back to the victim’s left side; and the victim scam back to the victim scam, and then the victim scam back again on the same day at around 02:30.

Accordingly, the defendant committed an indecent act against the victim in a state of resistance.

【Risk of Re-offending】 The Defendant committed the instant crime even though he was sentenced three times to a forced indecent act committed against the women divingd in the past soup or sabry, and was sentenced three times more, then again committed the instant crime. The Defendant had the risk of recidivism and the recidivism of sexual crime.

Recognized.

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. A written statement of E (victim);

1. Statement made to the police for making soup;

1. Records of crimes: Inquiry into criminal history, report on investigation (report on attachment of the text of the judgment) and respective judgments attached thereto;

1. The habits of sexual crimes as indicated in the judgment and the risk of recidivism: In full view of the criminal records as indicated in the judgment and the following circumstances acknowledged by the results of a prior investigation into the claims, the accused is likely to commit the sexual crime and recidivism:

Recognized.

(1) The Defendant is similar to the instant crime.

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