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(영문) 광주지방법원 순천지원 2019.09.05 2019고합44

추행약취미수

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On March 25, 2019, at around 08:10 on March 25, 2019, the victim of the attachment order requested (hereinafter referred to as the "defendant") discovered the victim D (13 years of age) coming from the c elementary school located in Bosung-gun B to teach him/her, and had the victim forced him/her to leave his/her chest in his/her place of personal information and forced him/her to leave him/her.

The Defendant, following the victim’s back, was able to catch the booms of the victim’s own booms, “I am off the clothes as soon as possible,” and forced the victim to take a brue to avoid being towed by the victim in order to avoid being towed by the victim.

As a result, the defendant tried to capture the victim for the purpose of indecent act, but did not bring about such intent and did not commit an attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of each ctv photographic statute

1. Articles 294 and 288 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case under Article 62-2 of the Criminal Act, Article 44-2(1) and (2), and Article 2-3 subparag. 2 of the Medical Treatment and Custody Act, the Defendant was a person with a habiting habiting alcohol, who committed a crime subject to imprisonment without prison labor or heavier punishment, and need to receive a outpatient medical treatment and is recognized as having the risk of recidivism.

① The Defendant shows the level of alcohol addiction that requires intervention, such as immediate hospitalization, as a result of the pre-examination of a person’s disability using alcohol, at 28 points in total.

② From around 208 to 2017, the Defendant received treatment at a mental hospital, G hospital, national hospital, etc. from a mental hospital, etc., and also received treatment at a hospital, hospital, national hospital, etc., on a daily basis, the medical records also contain that the Defendant spawn one disease or had no intention to do so.