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(영문) 대구지방법원 2014.03.14 2013고합354

강제추행등

Text

A defendant shall be punished by imprisonment for four months.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Criminal facts

【Criminal Records】 Defendant and a requester for medical treatment and custody and a requester for an attachment order (hereinafter referred to as “Defendant”) shall be punished by imprisonment on May 24, 2013 with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) at the Daegu District Court, for a period of one year and six months and two years of suspended execution.

6.1. A person whose judgment has become final and conclusive and who is currently under suspension of the execution.

【Criminal Facts】 The Defendant is a person who lacks the ability to discern things or make decisions due to the mental retardation of self-definite tendency, detailed mental finites, and severe mental retardations.

"2013 Gohap354"

1. On July 16, 2013, around 15:13, 2013, the Defendant: (a) reported the victim E (mar, 21 years old) who was going on the way in front of the D in Busan City; (b) and (c) committed an indecent act by force, by making twice the shoulder part of the shoulder part in his/her hand, and by making twice his/her mar and mar on one hand.

"2013, 462"

2. A person who has been convicted of a sex offense against a child or juvenile, shall submit his/her personal information to the head of a competent police agency within 30 days after the judgment becomes final and conclusive;

As above, even though the Defendant was found guilty on June 1, 2013 due to a sex offense against a child or juvenile, he/she did not submit the personal information to the head of the competent police office without justifiable grounds until June 30, 2013 after the lapse of 30 days from the conviction.

【Facts constituting the cause of an attachment order】 The Defendant has committed a sexual crime two or more times, and considering the method or form of the act, the commission of the crime is recognized, and there is a risk of recommitting a sexual crime.

【Facts that constitute a cause for medical treatment and custody】 The Defendant has weak ability to discern things or make decisions and committed a crime corresponding to imprisonment without prison labor or heavier punishment as above, and is in need of medical treatment at a medical treatment and custody facility and is in danger

Summary of Evidence

"2013 Gohap354"

1. Partial statement of the defendant;

1. A witness;