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(영문) 서울북부지방법원 2014.12.12 2013고합126 (1)
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant's disclosure of information to the public is made through an information and communications network for two years.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant and the requester for medical treatment and custody and the requester for an attachment order (hereinafter “Defendant”) are sentenced to a fine of three million won on April 23, 1998 due to indecent act by force, etc. at the north Branch of the Seoul District Court’s branch on March 29, 2002, the Seoul High Court sentenced six months of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims Thereof (a minor rape, etc. under thirteen years of age) at the Seoul District Court on June 19, 2002; three months of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (a indecent act at an open place) at the Seoul District Court’s official branch on November 18, 2005; five times of imprisonment for a sexual crime of one million won, including a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof.

【Criminal Facts】 When the Defendant was unable to discern things or make decisions due to editing mental division, the Defendant: (a) around 15:35 on March 23, 2013, when the Defendant was unable to discern things or make decisions; (b) on March 23, 2013, around 120 urban buses in the vicinity of the 188 Mine, Gangnam-gu, Seoul, the Defendant: (c) reported that the juvenile victim C (17 years of age) is going behind the Defendant’s left side, and (d) reported that he was going behind the Defendant’s vehicle in a half-round 17 years of age; and (b) caused the victim to commit an indecent act against the victim, who is a child or juvenile, one more time after the victim’s left side buck in the same way as in the same manner as in the case of the victim.

【Fact that constitutes a cause for medical treatment and custody】 The defendant needs to receive medical treatment in a medical treatment and custody facility, and is in danger of re-offending as a mentally handicapped person who lacks the ability to discern things or make decisions due to editing mental division, and has committed the crime corresponding to imprisonment without prison labor or heavier punishment.

【Facts constituting the cause of an attachment order】 The Defendant is found to have committed a sexual crime on two or more occasions, and has committed a sexual crime against a person under the age of 19, and is likely to recommit a sexual crime.

Summary of Evidence

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