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(영문) 서울동부지방법원 2019.09.20 2019고합260
준강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

On March 26, 2007, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) issued a summary order of KRW 3 million as a quasi-indecent act by force at the Incheon District Court. On December 21, 2011, the Seoul Central District Court was sentenced to a suspended sentence of KRW 2 years for the same offense. On August 18, 2017, the Seoul Central District Court was sentenced to a suspended sentence of KRW 2 years for the same offense. On November 14, 2017, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) completed the execution of the sentence on November 14, 2017.

【Criminal Facts】

At around 04:20 on July 26, 2019, the Defendant collected the Defendant’s bridge from each side of the victim D(the 13-year old age), and rheeped the victim’s chest as his hand, and added the Defendant’s sexual flag to the victim’s her her part, and her her part in the victim’s her part, and her her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part her part

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

[Judgment of the court below] On August 18, 2017, the defendant was sentenced to six months of imprisonment for a quasi-indecent act by force at the Seoul Eastern District Court on November 14, 2017 and completed the execution of the sentence. The defendant was sentenced to imprisonment for a sexual crime and committed a sexual crime on at least two occasions within ten years after the completion of the execution of the sentence. The defendant was found to have committed a sexual crime, such as the record of criminal records, and was likely to recommit a sexual crime in light of the circumstances and methods of the crime, and the same kind of force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

1. C CCTV CDs;

1. Investigation report (related to CCTV image analysis within a soup);

1. Criminal records as indicated in the judgment: Criminal history records, reply reports (A), investigation reports (verification of repeated crimes), and investigation reports (verification of the same kind of power);

1. A sexual crime described in the judgment;

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