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(영문) 광주지방법원 순천지원 2015.11.19 2015고합166
준강제추행
Text

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

The defendant's information about the defendant shall be made through an information and communications network for five years.

Reasons

Criminal facts

On December 12, 2013, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution for the crime of quasi-indecent act by force at the Gwangju High Court on December 12, 2013, and the judgment on December 20, 2013 is still under suspended execution.

【Criminal Facts】

On April 19, 2015, around 04:00, the Defendant reported that the victim E (20 years of age) was locked in the 3rd floor area located in the Yansan-gu Seoul Special Metropolitan City, Yancheon-si C, and the Defendant was able to catch the victim’s sexual organ by hand and 5:6 times.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

[Facts constituting the ground for an attachment order] The Defendant is found to have committed sexual crimes on at least two occasions, thereby committing such crimes, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Records of judgment: Criminal records, etc., inquiry reports and written judgments;

1. The risk of recidivism in the judgment of the Daejeon District Court on July 17, 2013: (a) the defendant was sentenced to a fine of KRW 500,00 as a quasi-indecent act by compulsion; (b) August of the suspension of execution; and (c) January 7, 2015 to a fine of KRW 7,00,00 as a quasi-indecent act by compulsion at the Gwangju District Court on December 12, 2013; and (d) the facts constituting the crime are as follows: (a) the defendant committed the crime in this case against the victim who was on the waters room; (b) the defendant was assessed at the level of the risk of recidivism in Korea; (c) the location and frequency of the tracking device of the Gwangju District Court on December 12, 2013 to a quasi-indecent act by compulsion; and (d) the location of the defendant's probation investigator who conducted the investigation against the defendant; and (d) the frequency of the crime in this case to the defendant.

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