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(영문) 대구지방법원 2016.09.23 2016고합344
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant's information on the defendant is disclosed through an information and communications network for a period of two years.

Reasons

Criminal facts

and the facts constituting the cause of the order to observe the protection / [criminal records] Defendant and the requester of the order to observe the protection (hereinafter referred to as “Defendant”).

On April 8, 2014, the Changwon District Court sentenced 8 months of imprisonment with prison labor and 4 months of imprisonment with prison labor for larceny, and completed the execution of each of the above punishment on March 26, 2015.

[2] On March 25, 2016, the Defendant, at around 03:30 on March 25, 2016, 2016, she was fryed to the right side of the victim E (26 years old) who was drunk in the male water surface of the D 5th floor located in Daegu-gu, Daegu-gu, Daegu-gu, the Defendant met the victim’s sexual organ on the top of sobrying.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

[Facts leading to an order to observe the protection] The Defendant committed the instant crime against an unspecified person, who is going to do so during the period of repeated crime due to the same sexual crime.

When considering the criminal records, the relationship with the victim, and the location characteristics of the defendant, the defendant is recognized as having committed a sex crime and needs to be treated within the systematic society, such as the observation of protection for the prevention of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (report on confirmation of the criminal history of the same kind of crime as the suspect);

1. In full view of the evidence revealed prior to the risk of recidivism in the judgment and the following circumstances revealed in the records and pleadings, there is a risk of recommitting a sexual crime against the Defendant.

Recognized.

① On October 10, 2012, the Defendant, at the Seoul Central District Court, committed an indecent act by: “The Defendant committed an indecent act by taking advantage of the victim’s state of resistance impossibility on January 21, 2012, who was divingd in a sandy or water surface room ( South, the age of 31) by committing an indecent act on the victim’s resistance.

“A fine of KRW 3 million shall be imposed on the facts constituting the crime.”

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