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(영문) 인천지방법원 2014.05.30 2014고합181
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Criminal facts

On October 30, 2013, the Defendant was sentenced to a suspended sentence of two years on November 7, 2013 by the Incheon District Court for the crime of indecent act by compulsion, and the judgment becomes final and conclusive on November 7, 2013 and is currently under the grace period.

The Defendant had a mind to commit an indecent act against a female with knowledge of the fact that the victim C (or 31 years of age) is living in a old-age and there is no person who may request support from the surrounding area even if he/she inflicts any damage.

At around 19:30 on March 2, 2014, the Defendant discovered the victim's walked in front of the Seo-gu Incheon Metropolitan City Seo-gu 12 Shee Resident Center. The Defendant: (a) obstructed the victim's body by breaking the victim's body by putting his hair and body; (b) forced kis, putting his finger in the body of the victim; and (c) committed an indecent act on the victim's right chest by forcing the victim's walk by walking his breast in the body of the victim.

[Facts constituting the ground for attachment order] As above, the Defendant is highly likely to repeat a sex crime in full view of the following: (a) the Defendant committed a sex crime more than twice and the record of the crime; (b) the method and relationship with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (victim's statement or investigation records No. 16 pages);

1. Givings requested for genetic analysis and replys (record No. 111 pages of investigation records);

1. A previous conviction in judgment: A written inquiry of criminal records;

1. The risk of recidivism of a sexual crime as indicated in the judgment: The following circumstances acknowledged in accordance with the above evidence and the criminal suspect records (as stated in Article 66 of the Investigation Records), i.e., the Defendant committed a sexual crime against any female who is not related to him/her; ② the Defendant committed a sexual crime against him/her; ② the Defendant committed a sexual crime against a female under the age of 14; ③ the Defendant committed the instant sexual crime again in the past five months after being punished for the same crime; ④ The Defendant committed the instant sexual crime again in the past five months; and ④ The contents and methods of the instant sexual crime.

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