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(영문) 대전지방법원 2014.02.13 2013고합394
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

In addition, the facts of the cause of the request for attachment order [criminal facts] The defendant is a person with a intellectual disability who lacks the ability to discern things or make decisions.

1. On July 2013, the Defendant: (a) asked the victim J(18 years of age) to report the bus stop located near the Daejeon-gu H building in front of the bus stop located near the Daejeon-gu H building; (b) asked the victim J(18 years of age to see whether or not the victim would be able to commit indecent act; (c) followed by approaching the victim; (d) the victim was waiting to arrive at the bus stop; and (e) made an indecent act by force against the victim, following the victim’s own hand, waiting to wait for the bus.

2. On August 29, 2013, around 06:30 on August 29, 2013, the Defendant committed an indecent act by force against the victim by making the victim M (here 24 years old) waiting for a bus at the bus bus stops located in Daejeon Jung-gu Daejeon, Daejeon, by reporting the victim M (here 24 years old) and asking the victim several times to ask him/her whether he/she is indecent.

3. On August 31, 2013, at around 04:40, the Defendant discovered that the victim P (e.g., 18 years of age) walked on the way, such as her friendship, and committed an indecent act by force on his/her hand, following the victim’s her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

[Facts that cause an attachment order] The defendant has committed a sexual crime two or more times and has a habit of such crime, and it is highly likely to recommit a sexual crime in light of the similarity and frequency of the method of crime, character and conduct of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to M and J;

1. Application of Acts and subordinate statutes to P;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Articles 10(2) and (1), and 55(1) of the Criminal Act for mitigation of mental disorders.

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