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(영문) 인천지방법원 부천지원 2020.02.14 2018고합196

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") are those who lack the ability to discern things or make decisions due to the fact that causes the medical treatment and custody and the respondent for medical treatment and custody.

[2018Gohap196]

1. Around 07:50 on July 3, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) was waiting for a bus to go to a school at the bus stops located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and used the part on the right knee and the part on the right knee, knee and the part on the khhhhh, by inserting his hand between the victim’s bridges.

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

2. From around 10:30 on July 3, 2018 to 13:15, the Defendant: (a) embezzled the victim’s 4,00 U.S. dollars 4,00, passport, and Samsung Gallon, which had been lost by the victim E, in a father-gu male toilet in Bupyeong-gu, Incheon, Bupyeong-gu; and (b) did not go through necessary procedures, such as acquiring a verification-based handkle, which includes one cellular phone, and returning it to the victim; and (c) embezzled the victim as he/she had, without going through necessary procedures.

[2019Gohap242] On September 11, 2019, the Defendant 11:26, at the exit of Busan-si, 2019, reported the victim G (a name, a name, and 23 years old) located in front of the exit, and used the victim’s right part with the victim’s own hand, with the victim’s left part, once.

Accordingly, the defendant committed indecent acts by force against the victim.

As above, the Defendant has committed a crime punishable by imprisonment without prison labor or a heavier punishment in a state of mental disorder, such as the criminal facts stated in the judgment, and needs to receive medical treatment at a medical treatment and custody facility, and there is a risk of recidivism.

Summary of Evidence

[2018Gohap196]

1. E statements;

1. Written statements of prosecution (written statements of victims) (2019Gohap242);

1. The police statement concerning G;

1. The suspect for the report of investigation; and