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(영문) 서울중앙지방법원 2019.10.25 2019고합634

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

A defendant shall be punished by imprisonment for two years.

Disclosure and notification of information on the accused for five years.

(b) the defendant;

Reasons

Criminal facts

On February 3, 2017, the Seoul Western District Court sentenced the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") to one year and six months of imprisonment due to indecent act by force, etc. on February 3, 2017, and completed the execution of the sentence on May 2, 2018.

On May 31, 2019, at around 18:15, the Defendant discovered the victim C (V) with intellectual disability 2 near the entrance of the Yangcheon-gu Seoul apartment parking lot, and followed the victim, on board the elevator of the above apartment.

The Defendant knew that the victim is a minor with intellectual disability due to the outer appearance, horse, etc., and read the victim's her her mm with his own mare, followed the victim who her macks his mack from the elevator after the victim's macks her mack, followed by the victim's mack, and her macks his mack from the elevator, and macks the victim out of his mack.

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

[Fact of the ground for probation order] The defendant is likely to recommit a sexual crime in full view of the law of crime, criminal records, motive of crime, the defendant's environment, character and conduct, etc.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of victims;

1. Each CCTV image (No. 3 and 12 No. 12);

1. 112 Reporting case management table;

1. Opinion on analysis of statements by children and persons with disabilities;

1. Each report on internal investigation (the tracking of a suspected suspect - the relocation of a crime, the tracking of a suspected suspect - the CCTV after a crime is committed);

1. Previous records of judgment: Criminal records and other inquiries, and each investigation report (verification of criminal records and binding of criminal records of A, and the date of recent release of A by the suspect);

1. The risk of recidivism in the judgment: The following circumstances revealed by the evidence adopted and examined by the court, and the character, conduct, environment, power, family relationship of the defendant, and the motive and background of the crime in this case.