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(영문) 인천지방법원 2014.03.27 2014고합31

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

On October 30, 2008, the Seoul Southern District Court issued a summary order of KRW 5 million for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (a minor, rape, etc. under 13 years of age).

【Criminal Facts】

The defendant is a disabled person of Grade II with intellectual disability who lacks the ability to discern things or make decisions due to mental or physical disorder.

1. The Defendant committed the crime on November 27, 2013: around 16:00 on November 27, 2013, discovered that the victims E (E, 7 years old) and their relatives are playing in the D Park located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu C, and attempted to force the act of indecent act by force.

The Defendant said that the Defendant would allow the victim to run a lux game that is not that of the victim, and entered the victim into the above male toilet room room in the park, and the victim knee and knee knee knee knee knee knee kne.

Accordingly, the defendant committed indecent acts by force against the minor victim under the age of 13.

2. On November 29, 2013, the Defendant committed the crime committed on November 29, 2013: (a) around November 29, 2013, 15:50, while playing in the said D Park with the said victim, he was willing to force the said victim by force.

The Defendant stated that the Defendant laid down the processed matter of the victim in the toilet because the Defendant laid down the victim in the toilet, and entered the victim in the above male toilet column in the park, and, then, the victim was knee and panty with the victim's will and panty to knee, and the victim's sexual organ became the victim's sexual organ.

Accordingly, the defendant committed indecent acts by force against the minor victim under the age of 13.

[Facts of the reason for medical treatment and custody] The defendant has a mental body of the middle degree as a grade 2 with intellectual disability, and has a deviation from and impulses with male children.