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(영문) 대전지방법원 논산지원 2019.09.25 2018고합65

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") of 2018 high-class 65 "2018 high-class 65") committed the following crimes in the state of mental disorder caused by repeated alcohol habiting, and in the state of mental disorder whose recognition function has deteriorated due to dementia:

The defendant is a person who has been a customer in the C cafeteria located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-gu, and the defendant and the victim D (V, 7 years of age, 4 years of age) have no special personal relationship.

At around 15:05 on March 23, 2018, the Defendant, while drinking alcohol together with the scam in the above C cafeteria, took the scambling of the scams behind the Defendant, and committed indecent act by taking the scams of the scams of the scambling of the scams of the scambling of the scams of the victim.

Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.

The Defendant of 2019 U.S.C. 201ma3 is a person who commits a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) equivalent to imprisonment without prison labor or heavier punishment in a state of mental and physical disability whose recognition function has deteriorated due to repeated drinking, or dementia, and is in need of medical treatment and custody facilities, and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. E statements;

1. Records of statements made by victims;

1. Expert opinion on a child indecent act case;

1. 112 reported case handling table;

1. Photographs of the victim;

1. Each report on internal investigation (the sequence 10, 16 of the evidence list);

1. The need for treatment in the judgment and the risk of recidivism: In light of the following circumstances, each investigation report (Evidence Nos. 17, 18, 28 through 31, 33) and each internal investigation report (Evidence Nos. 19, 22, and 23), criminal records reply, written judgments, and the notification of the results of the mental diagnosis of doctors G who belong to the Public Medical and Custody Center, the following circumstances are revealed.