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(영문) 수원지방법원 안양지원 2014.10.17 2014고합171
강제추행미수
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On April 10, 2014, the defendant and the person subject to a request to attach an attachment order (hereinafter "the defendant") found the victim C (the 26 years old) returning to the crosswalk of 175 years prior to the Kanyang-gu Mayang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, anndae-si, the 22:45 years old, and the 500 meters old, so that the victim could not commit an indecent act against the victim. However, the victim did not commit an indecent act on the part of the defendant, such as taking the victim's sound and taking the Defendant's hand into custody, and did not commit an indecent act.

[In addition to the crime of this case, the defendant committed sexual crimes on July 26, 2013, such as a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which had been sentenced one year to a suspended sentence of six months or more, on two or more occasions, and the recidivism of the sexual crime is acknowledged. In addition, even if the defendant was released from the court on the basis of the above habit, it seems that the possibility of recidivism exists after the second conviction. Thus, it is necessary to take additional measures to track the criminal records and attach an electronic device to his/her body for the purpose of re-socializing through the prevention of recidivism and the correction of character and behavior.

Summary of Evidence

The defense counsel's "the clothes taken during criminal conduct (Evidence No. 12)" asserts that the police officer's evidence derived from the illegally collected evidence obtained through the de facto search and seizure of another person's residence without a warrant is inadmissible, but it is sufficient to find the remainder of the evidence alone to find the defendant guilty. Thus, it is not necessary to separately determine the legitimacy of the above assertion.

1. Statement made by C by a witness in the third protocol of trial;

1. Statement made by witnesses E in the fifth trial records;

1. Second-time protocol concerning the examination of the accused by the prosecution;

1. One copy of a vehicle box photograph, CCTV.

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