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(영문) 서울중앙지방법원 2013.09.24 2013고합511
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for six years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Reasons

The accused and the person subject to a medical treatment and custody application, and the person subject to a request for attachment order (hereinafter referred to as the "defendants") are persons with severe mental disabilities who have shown mental symptoms, such as intelligence (I Q Q 62), impulse 62, decrease in impulses, decrease in the type of illness, and disability in judgment, and thus lack the ability to discern things or make decisions.

【Criminal Facts】

피고인은 2013. 4. 10. 08:10경 서울 관악구 C에 있는 ‘D마트’ 앞길에서 등교 중인 피해자 E(남, 8세)를 발견하고 성충동을 일으켜 피해자에게 “꼬마야, 실내화 좀 줘봐”라고 말하여 피해자로부터 실내화를 건네받은 후 다시 피해자에게 “나는 3학년 선생님이다. 3학년 학생들은 다 했는데 나랑 똥꼬 검사를 하자”고 말하여 피해자를 그 곳 맞은편에 있는 새마을금고 건물 3층 화장실로 데려갔다.

The Defendant, from the toilets of the third floor of the above community credit cooperative building, exceeded the victim’s panty and panty with his hand, laid down the spanty, putting him into the victim’s resistance, leaving the spans and spans inside the victim’s bags, and putting him into the victim’s resistance.

In the end, the number of times has been repeated, and the victim's embarm was seld, and the victim's embarm was feld.

As a result, the Defendant committed an act of inserting implements in the written resistance of the victim under 13 years of age by force, and thereby, the victim suffered damage to the victim's resistance requiring medical treatment for about six weeks.

[Facts that cause an attachment order] The Defendant is likely to recommit a sexual crime in the future, considering not only the Defendant committed a sexual crime against a person under the age of 19 but also the time and place of the crime, and the abnormal and variable method of the crime.

[Facts causing medical treatment and custody] The Defendant lacks the ability to discern things or make decisions as above, and the previous scam or scam is early.

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