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(영문) 대구지방법원 서부지원 2019.02.14 2018고합152

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is hospitalized in the hospital C from August 6, 2018 to the Daegu Seo-gu Hospital from around 2018, and the victim D (n, 59 years of age) and victim E (n, 14 years of age) are hospitalized in the above hospital due to the dynamic disorder, respectively, and the Defendant and the victims are not aware of each other.

1. From around 00:57 on August 7, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) : (a) from the 7nd floor of the above C Hospital to the victim E, who was seated in a small wave and was in a mobile phone game, the Defendant asked the victim E, “Isday for tobacco writing” as “Isday for low middle and middle students,” and, (b) met the victim’s left side buckbucks with the victim’s own hand, and (c) became the victim’s knife with the victim’s second hand, who attempted to go to another place.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. The Defendant was aware of a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-similar act with a disability) that the victim D with mental disorder 3 was receiving hospital F treatment in the said hospital as he/she was unable to suffer from the mental disorder at all.

On August 7, 2018, at around 01:39, the Defendant opened an entrance of the said Fhosh, which was not corrected, and opened the entrance of the said Fhosh, and took place in the state of a diaper, only the diaper only in a diaper, stored the victim's chest as a hand, stored the victim's chest into a low diaper, sealed the victim's sound part, sealed the victim's finger, putting the Defendant's sexual organ into the victim's inner part, putting the victim's finger back into the victim's sound part, and then putting the victim's finger back into it several times.

As a result, the defendant committed similar acts to the victim by using the victim's physical or mental disability in a state of difficulty to resist or resist.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. The police officers of E and G.