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(영문) 서울남부지방법원 2016.06.09 2015고합552
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal facts] The Defendant had weak ability to discern things or make decisions due to a minor level of intellectual disability (mental delay and mental delay) and a qualitative personality disorder caused by two traumas, and each of the following crimes committed.

around 18:50 on September 30, 2015, the Defendant, "2015 Gohap 552, the Defendant, at around 18:50 on September 30, 2015, only one time, on the part of the victim's chest in the apartment elevator located in Gangseo-gu Seoul Metropolitan Government.

As a result, the defendant committed indecent acts against the juvenile who is a child or juvenile.

around 09:00 on November 18, 2015, the Defendant, at around 09:00, walked on the road before the management office of Gangseo-gu Seoul Metropolitan Government 7 Complex C apartment complex 106, the Defendant left the road to the victim D (class 2, 33, 3, and 3), who walked to the victim’s left chest.

Accordingly, the defendant committed indecent acts against the victim who has a physical disability due to assault.

[Fact of the reason for the medical care and custody] A person subject to the medical care and custody (hereinafter “defendant”) committed a crime like a crime in the state that he or she lacks the ability to discern things or make decisions with a minor level of intellectual disability and a patient with a physical personality disorder caused by two external wounds.

The defendant needs to receive medical treatment in the treatment and custody facilities, and the defendant is in danger of recommitting a crime.

Summary of Evidence

[Criminal facts in the judgment] 2015 Gohap 552

1. Statement by the defendant in court;

1. "Protocol of the police statements made by the victim, 2016, 19;

1. Statement by the defendant in court;

1. When considering the following circumstances that can be recognized by the victim’s statement stenographic records [the need for the treatment in the judgment and danger of recidivism], the accused needs to receive medical treatment at the treatment and custody facility as a mentally and mentally disabled person and the accused is at risk of repeating a crime.

(1) The defendant shall brain a traffic accident that has occurred in 208.

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