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(영문) 서울중앙지방법원 2015.05.01 2015고합225
강제추행등
Text

A defendant shall be punished by imprisonment for two years.

The information on the accused shall be disclosed and notified for three years.

Reasons

Punishment of the crime

[criminal record] On May 30, 2008, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) sentenced the Seoul Central District Court to three years of imprisonment for a violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) and completed the execution of the sentence on July 27, 2013, by the same court on April 4, 2012.

【Criminal Facts】

On July 9, 2014, at around 22:20, the Defendant: (a) accessed the victim 1 (n), 21 years of age), 2 (nick, 18 years of age) who was drinking in another place while drinking alcohol at the headline of the Dongjak-gu Seoul Metropolitan City Manyang-ro; (b) put the victim 2 on the shoulder of the victim 2; (c) brought the victim 2 on the shoulder of the victim 2; (d) made the loss; (e) made the loss; and (e) bucks by putting the loss on the shoulder of the victim 1; and (e) committed an indecent act by spreading the buck.

The defendant continued to leave the above head of the family and back the way, followed by the victims, carried the strings by leaving the shoulder of the victims, brought the crebs that the victim 1 entered in the toilet to report to the police, brought the strings of the victims 2, and boomed the chest of the victim 2 by hand.

Accordingly, the defendant committed indecent acts by compulsion against the victims.

[The facts constituting the ground for an attachment order] If the Defendant committed a sexual crime within 10 years after having been sentenced to imprisonment with prison labor for a sexual crime and the execution of the sentence is completed, it constitutes a case where the recidivism is recognized by committing a sexual crime two or more times, and such crime is likely to recommit a sexual crime in light of the aforementioned records, the background of the instant crime, the environment, character and conduct

Summary of Evidence

【Criminal Facts at the Time of Sales】

1. Defendant's legal statement;

1. The defendant's written statement by the police of the victims is recognized that he had drinking prior to the crime of this case, but considering various circumstances such as the background, method, and circumstances before and after the crime of this case, it is possible to distinguish things under the influence of alcohol at the time.

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