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(영문) 춘천지방법원 강릉지원 2016.10.13 2016고합59
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

The Defendant was sentenced to one year of imprisonment for the crime of indecent act by force against military personnel, etc. at the High Court for Armed Forces on June 10, 2014, and was sentenced to the completion of the sentence on January 9, 2015 in the military prison, and the previous case and the attached order are three times.

【Criminal Facts】

1. On March 16, 2016, the Defendant, at around 00:56 on March 16, 2016, committed an indecent act, committed an indecent act against the victim by using the crepans in a soup male room located in Gangnam-si, Gangnam-si, where the victim E (54 years of age) was locked or in a crepan, and the victim suffered the victim’s crepans, and continued to commit an indecent act against the victim by inserting his hand into the part of the victim’s crepans.

2. On April 6, 2016, the Defendant, at around 06:00 on April 6, 2016, committed an indecent act committed an indecent act on the part of the Defendant committed an indecent act by committing an indecent act on the part of the victim H (23 years of age) by taking advantage of the crepans and crepans that the victim H (23 years of age) suffered in his/her hands, thereby committing an indecent act on the part of the victim.

Accordingly, the defendant committed a quasi-indecent act by force on two occasions.

[In light of the Defendant’s records of the same crime, the background of the crime, and the similarity of the method, etc., it is recognized that the Defendant committed a sexual crime more than twice and the recidivism was recognized within 10 years after having been sentenced to imprisonment with prison labor for committing a sexual crime, and that there is a need to take additional measures to protect the Defendant’s body by tracking the criminal records and tracking the location of the electronic device to re-socialize by preventing recidivism and correcting character and behavior.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each written statement of E, I and J;

1. Investigation report (in the field and other investigation records), investigation report (D CCTV confirmation and investigation);

1. Previous records of judgment: Criminal history records;

1. Habitualness and risk of repeating a crime in the judgment: The evidence mentioned above and the report on the prior investigation of the claim may be recognized;

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