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(영문) 수원지방법원 2015.08.28 2015고합166

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant

A person who is concurrently subject to an attachment order and a petition for medical treatment and custody shall be punished by imprisonment for a maximum term of one year and six months and a short term of one year.

Reasons

Criminal facts

The facts leading to medical treatment and custody [criminal facts] Defendant and the person subject to a request to attach an attachment order, and the person subject to medical treatment and custody (hereinafter referred to as “Defendant”) committed each of the following crimes in a state which lacks decision-making capacity due to shock disorder:

1. On March 19, 2015, the Defendant found the victim D (here, 14 years of age) who was a juvenile returning to Korea with school uniforms from the front of the K apartment in the Suwon-si Suwon-si on March 19, 2015, and caused his/her desire to do so, following the Defendant: (a) he/she saw the victim again; (b) he/she saw the victim from his/her back to his/her back to his/her body; and (c) he/she saw the victim from his/her back to his/her body; and (d) 10 seconds of the buckbucks inside each of the bucks by inserting the victim’s finger

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. The Defendant: (a) around 20:00 on March 19, 2015, the bus stops located in Sungnam-gu, Sungnam-si, expressed a desire to report the victim walking along the bus from the bus at the bus stops; (b) according to the victim from the scene to the front of the residence of the victim E (or 21 years of age), the victim was able to see the victim from the scene to the front of the residence of the victim E (or 21 years of age); (c) the victim was fright back to the aftermath of the victim; (d) frightly frightly fright the victim into his arms; and (e) fright the victim’s frighten into the fore part; and (e) committed an indecent act by force against the victim by spreading the fright of the victim.

[Facts of the grounds for medical treatment and custody] The defendant has committed each crime falling under imprisonment without prison labor or heavier punishment in a state of mental disorder, such as decline in decision-making ability due to a shock disorder of heavy evidence, etc., and there is a need to receive medical treatment at a medical treatment and custody facility and the risk of

Summary of Evidence

200,000

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the victim D;

1. On-site and photographs thereof;

1. A mental appraisal report;

1. Criminal land reports, reports on occurrence of crimes (indecent act by compulsion), each internal investigation report (Evidence List Nos. 5, 6, 7, 8), and each domestic investigation report.