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(영문) 대구지방법원 2014.07.11 2014고합206
강제추행
Text

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

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

Reasons

Criminal facts

On August 1, 2008, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were issued a summary order of KRW 2 million by force due to the crime of indecent act by force at the Daegu District Court on August 1, 2008; on July 5, 2010, the same court issued a summary order of KRW 2 million by force due to the same crime of indecent act by force; on August 24, 2010, the same court was sentenced to a suspended sentence of ten months by imprisonment for the same reason of indecent act by force; and on September 1, 2010, the above judgment became final and conclusive.

【Criminal Facts of Crimes】 On April 8, 2014, the Defendant 13:10, around the Daegu East-gu, Daegu-gu, the Dongcheon-gu, and around the 41st under the ground of 41 Daegu-gu, followed the victim C (here 23 years of age) by drinking the female to force indecent act by force, and intentionally approaching the victim’s “E” parking lot located in Dong-gu, Daegu-gu, Daegu-gu, the Defendant 13:18 on the same day, she saw the victim as both arms from the side of the victim, and she continued to use it in the said parking lot, and she committed an indecent act against the victim by force.

【Facts constituting the ground for an attachment order of an electronic device】 The Defendant, as seen above, committed a sexual crime on at least two occasions, is recognized as a habit, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Previous records of judgment: Criminal records, inquiry records, copies of judgment, and copies of each summary order;

1. The risk of recidivism of a sexual crime and the recidivism: The following circumstances acknowledged by the evidence mentioned above and the statement in a prior investigation into a claim against the defendant, namely, ① the defendant has committed a sexual crime on three occasions as stated in its reasoning; in particular, the defendant was put on probation for two years due to the crime of indecent act by force around 2010, but the probation period was not over two years after the expiration of the probation period, and ② the crime of this case again was committed.

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