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(영문) 청주지방법원 충주지원 2014.01.09 2013고합69

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

The facts leading to medical treatment and custody [criminal records] Defendant is under suspension of execution, which became final and conclusive on July 14, 2012, by having been sentenced to 8 months of imprisonment or 2 years of suspended execution due to a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Cheongju District Court on July 6, 2012.

【Criminal Facts】

The Defendant is in a state of mental disability with respect to a state of the latitude where the decision-making power, the action control ability has been deteriorated due to the malute;

1. On October 22, 2013, around 16:41, at the bus stops located in the Da, Chungcheongnam-gun, Chungcheongnam-gun, the victim E (inn, 17 years of age) takes a F express bus, and the victim took a seat next to the victim for the purpose of committing an indecent act.

At around 17:00 on the same day, the Defendant forced the victim to commit an indecent act by making the victim's left side bucks over several times.

2. On October 23, 2013, around 15:41, the bus stops located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, reported that the said victim was boarding H on the G Chungcheong-gun, with a view to committing an indecent act against the victim again, he/she was boarding the bus and seated on the victim’s seat next to the bus, and then he/she forced the victim to commit an indecent act by force by force, by holding the victim’s right-hand hand over several times on the bus at around 16:35 on the same day.

[The necessity of medical treatment and custody and risk of recidivism] A person subject to medical treatment and custody has been subject to punishment several times on a bus for the same kind of crime that has been committed by a woman's buckbucks, and the crime of this case is also likely to prevent the continuous sex offense and the need for medical treatment and custody because it is highly likely that the crime of this case would not be properly treated in a state of mental and physical disability due to sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The pictures of each case;

1. A investigative report (Confirmation ofCCTV's error);

1. Previous records of judgment: Criminal records, etc. and investigation reports (Binding records, such as the same type of crime, and court rulings during the period of suspension of execution);

1. Necessity of medical treatment and custody in the judgment: