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(영문) 울산지방법원 2014.04.18 2013고합288
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

The defendant and the applicant for a medical treatment and custody and the applicant for an attachment order (hereinafter referred to as "defendant") are those who have no certain occupation and have a disability in Grade III of intellectual disability.

【Criminal Facts】

Around September 3, 2013, when the Defendant lacks the ability to discern things or make decisions due to mental or physical disorder, such as recognition and functional disorder, the Defendant committed an indecent act against the victim E (the age of 15) who was a juvenile who was living in the same apartment as the Defendant, and who was a juvenile in class 3 of intellectual disability, was in common in the F Social Welfare Center, and was in common in the F Social Welfare Center at the F Social Welfare Center in Gyeyang-si, Yangsan-si around September 18:45, 2013.

At the same time, the Defendant: (a) sent the victim to the victim “the same family member”; (b) carried the victim’s hand to the entrance of the underground parking lot in the above long-term care hospital; (c) sent the victim to the victim; (d) sent the victim’s chest to the victim on two occasions; (c) opened the victim’s chest to the above upper part of the victim; (d) laid the victim’s chest to the victim on two occasions; and (e) rejected the victim’s chest by “fishing, fishing, and fishing”; and (e) rejected the victim’s hand while putting the victim’s hand to the upper part of the victim’s drinking and panty.

Accordingly, the defendant committed indecent act against the juvenile by force.

The Defendant, “2013 Man-Ma336,” as above, was in lack of the ability to discern things or make decisions due to mental or physical disorder, and was finally hospitalized by his mother-child J in the third floor of the I Hospital located in Yangsan-si, around May 11, 2013 (see, e.g., 12:50 to 13:00).

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