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(영문) 서울중앙지방법원 2019.06.12 2019고합107
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Disclosure and notification of information on the accused for three years.

(b) the defendant;

Reasons

Criminal facts

On January 19, 2019, the defendant and the person subject to probation order (hereinafter referred to as the "defendant") committed an indecent act by force against the victim, such as forcing the victim E (hereinafter referred to as 27 years of age) to turn her arms and side her hand over seven times and turn her chests on one hand while drinking alcohol in a club of "D" located in Seocho-gu Seoul Metropolitan Government, Seoul, around January 21, 2019.

[Fact of the cause of probation order] The Defendant had been sentenced to two times of a fine due to indecent act by compulsion, and on March 15, 2018, the Defendant again committed the instant sexual crime during the suspended execution period, even though he was sentenced to two years of a suspended execution due to indecent act by compulsion at the Seoul Central District Court on March 15, 2018.

In full view of the background and method of crime, character, conduct and environment of the defendant, the defendant is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. The risk of recidivism in the judgment: It is recognized that the defendant is likely to recommit a sex crime, considering the following circumstances recognized by the criminal record inquiry report, the investigation report (identification of the same criminal record as a suspect), and the written reply to a request prior investigation and response, and the defendant's age, character and conduct, environment, motive and circumstances of the crime of this case, and the target, method,

① The Defendant again committed the instant sexual crime despite the history of criminal punishment on three occasions due to the crime of indecent act by compulsion.

② The Defendant repeats the crime of indecent act by compulsion against unspecified women by using a relatively short number of methods similar to those in a club.

(3) The risk assessment level of a sex offender in Korea (KSOAS) and the risk of recidivism in Korea (PCL-R) shall be all assessed against the defendant.

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