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(영문) 의정부지방법원 고양지원 2017.11.17 2017고합181
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

The information on the accused shall be disclosed and notified for a period of two years.

Reasons

Punishment of the crime

On August 23, 2005, the Defendant was sentenced to a suspended sentence of two years and six months for the crime of bodily injury resulting from rape at the Busan District Court. On October 13, 2016, the Defendant was sentenced to a suspended sentence of three years for the crime of bodily injury resulting from forced indecent act at the Changwon District Court. On October 21, 2016, the Defendant was sentenced to a suspended sentence of five years for the crime of bodily injury resulting from forced indecent act at the Changwon District Court.

On July 17, 2017, the Defendant discovered the victim E (the age of 25) who was divingd in the soup room of the “D” located in Ilyang-gu, U.S., U.S. on July 17, 2017, and committed an indecent act on the victim’s left hand by making three times the sound of the victim’s resistance impossible.

Examining the criminal defendant's criminal method of identical crimes committed by the person subject to the request for attachment order under the Act on the Grounds of the Attachment Order, the criminal defendant is found to have committed the above sexual crimes on at least two occasions on the new wall, including the fact that the criminal defendant was sentenced to a suspension of execution on October 13, 2016 at the Changwon District Court sentenced five years of imprisonment with prison labor for an indecent act resulting from a second or more year of suspension of execution, and thus, the criminal records are recognized to have been committed again on more than nine months, and the criminal records are likely to recommit the sexual crimes in light of the frequency and method of the crimes, etc.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Statement protocol and written statement of the police of E;

1. CCTV CDs (the criminal records as indicated in the judgment);

1. Written inquiry about criminal history, etc.;

1. The investigation report (the previous and previous records of the investigation), investigation report (the confinement records of the same kind of force), investigation report (the confirmation of the same force as the suspect) (the risk of recidivism of sexual crime as stated in the judgment) is conducted by the evidence mentioned above and the response to the investigation before the request.

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