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(영문) 대구지방법원 2016.01.22 2015고합329
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The Defendant and the person who requested the attachment order (hereinafter referred to as “Defendant”) are sentenced to the suspension of execution for six months of imprisonment with prison labor due to forced indecent act in the vice branch of the Daegu District Court on August 14, 2014, and the above judgment on August 22, 2014 became final and conclusive and is currently under the suspension of execution.

【Criminal facts” around 05:20 on June 19, 2015, the Defendant: (a) was able to come up next to the victim E (here, 19 years old) who was divingd in the main ship of the D Hansung-gu, Daegu Suwon-gu, Daegu-gu, and (b) laid down the chest by putting his hand inside the victim’s upper part; (c) rh to write down the boom above.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or incompetence.

【The facts constituting the cause of an attachment order】 The defendant is found to have a habit of committing a sexual crime on at least two occasions, such as the criminal records and criminal facts stated in the judgment, and is likely to recommit a sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each internal investigation report (in the event of an on-site investigation, such as an on-site investigation and a search near the place of occurrence, and attaching internal photographs to the site);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment, etc.);

1. Various of the following circumstances acknowledged by the instant records, such as the evidence revealed prior to the risk of recidivism of sexual crime and the record prior to the request for attachment order, namely, the Defendant was notified of a summary order of a fine of KRW 2 million for an indecent crime committed by an indecent act, committed in a city bus where around 2010 the public is located. In particular, at the Daegu District Court on August 14, 2014, the Defendant was locked at a sobrying around 03:35, May 3, 2014.

The 45-year-old women's sexual intercourse and forced indecent acts were committed.

“The Defendant committed the instant crime even though he/she was sentenced to a suspended sentence of two years for six months due to the crime, and at the same time commits the instant crime during the grace period.

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