(영문) 서울중앙지방법원 2019.02.15 2018고합1122

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(영문) 서울중앙지방법원 2019.02.15 2018고합1122

성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

On August 29, 2014, the Seoul Central District Court sentenced the Defendant to three years of imprisonment for rape, etc., and completed the execution of the sentence on April 18, 2017.

【Criminal Facts】

On June 21, 2018, around 02:20 on June 21, 2018, the Defendant reported that the victim C (the family name, the 23 years of age) is mixed with each other in the vicinity of Gwanak-gu in Seoul Special Metropolitan City, the Defendant saw the victim as “I ambling back to the back of the party” by falsely speaking that “I ambling back to the back of the party, I am the victim before the back of the victim’s house in Gwanak-gu in Seoul Special Metropolitan City.”

Accordingly, the Defendant opened a front door to the victim and sent it to the victim’s house, and the Defendant was under the influence of entering the victim’s breath of the victim by opening a front door to the victim’s house and entering the front door to the victim’s house.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

[Judgment of the court below] The defendant, even though he had already been sentenced to punishment for a sexual crime on one occasion, committed a sexual crime again under several methods similar to that of the previous crime at one year after the execution of the sentence was completed, and the defendant's conviction is recognized, and the defendant is likely to recommit a sexual crime in a similar situation, taking into account the method of crime, the status of the defendant

Summary of Evidence

1. Defendant's legal statement;

1. Domestic investigation reports (in-depth CCTV verification), investigation reports (in-depth tracking routes of suspect movement), and investigation reports (in-depth CCTV image data submitted by the victim);

1. CCTV photographs;

1. Previous records before ruling: Criminal records, etc., investigation reports (report on the confirmation of repeated crimes of a suspect), and investigation reports (report on the previous records of a suspect);

1. The risk of recidivism in the judgment: The evidence mentioned above, response to the request for investigation prior to the request, etc.

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