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(영문) 대구지방법원 2018.02.02 2017고합421
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

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

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

Reasons

Punishment of the crime

Defendant

In addition, a person who requested an attachment order and a person who requested a medical care and custody (hereinafter “defendant”) committed the following crimes in a state that the hospital located in Daegu-gu Dong-gu C lacks the ability or decision-making capacity to discern things due to mental illness, such as the habiting and shock disorder during hospitalization:

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On February 28, 2017, around 16:00 on February 28, 2017, the Defendant committed an indecent act by coercion against the victim E, a child or juvenile hospitalized in the above hospital, who was in the underground stairs of the victim E, who was a child or juvenile hospitalized in the above hospital. Around February 28, 2017, the Defendant committed an indecent act by coercion against the victim, who was a child or juvenile, who was under the influence of alcohol by the victim’s own hand.

B. On March 1, 2017, the Defendant committed the crime, around 18:00 on March 1, 2017, committed an indecent act by force against the victim, who was a child or juvenile, by taking the victim into the above hospital’s underground stairs. Around March 1, 2017, the Defendant, on his/her own hand, committed an indecent act against the victim, who was a child or juvenile, under the influence of entering the victim’s chest.

2. On March 2, 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media)

”, 같은 날 16:00 경 같은 방법으로 피해자에게 “ 그리고 섹스해 줘”, 같은 날 16:02 경 같은 방법으로 피해자에게 “ 자기야 섹해 줄거지 ^^” 라는 메시지를 각각 전송하였다.

Accordingly, the Defendant reached the text that causes sexual humiliation or aversion to the victim through mobile phones with a view to inducing or satisfying sexual humiliations over three times as above.

The Defendant committed a crime corresponding to imprisonment without prison labor or heavier punishment as stated in the facts constituting a crime in the judgment, in a state that the Defendant lacks the ability to discern things or make decisions due to mental illness such as a habition, impulse disorder, etc. in detail.

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