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(영문) 울산지방법원 2013.05.10 2013고합16
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

The defendant's disclosure of information to the public shall be made through an information and communications network for three years.

Reasons

Criminal facts

On June 26, 1998, the defendant was a person who has been sentenced to imprisonment with prison labor for rape and for one year and six months, and medical treatment and custody in Ulsan District Court, suffering from mental fission and lacks the ability to discern things due to mental disorder and make decisions.

In a state where the Defendant lacks the ability to discern things or make decisions due to mental or physical disorder as above, the Defendant found the victim E in the D Park located in Ulsan-gu, Ulsan-gu, as of December 16, 2012, and committed an indecent act by force against the victim under the age of 13 by discovering the victim E (V, 6 years of age) and remaining together with the victim’s damage.

The defendant is found to have committed a sexual crime on at least two occasions and has committed a sexual crime against a minor under the age of 19 and is likely to recommit a sexual crime.

A person with a mental disability who suffers from mental fission as above and who has committed a crime subject to imprisonment without prison labor or heavier punishment and needs to receive medical treatment at a medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements;

1. A mental appraisal report;

1. Video CDs;

1. Before ruling: Criminal records and criminal records of the same kind;

1. The recidivism of sexual crime and the necessity of medical treatment: The following circumstances acknowledged under each of the above evidence and the defendant's prior investigation into the judgment on the defendant, namely, ① the defendant was indicted on the facts that he/she attempted to rape and inflict bodily injury on a female child under eight years of age while he/she lacks the ability to discern things or make decisions due to obsesssis or flexic personality disorder, etc., and committed the crime of this case under the influence of being sentenced to imprisonment with prison labor and one year and six months of June 26, 1998, and where he/she lacks the ability to control his/her sexual impulse and behavior; ② the recidivism risk of recidivism by Korean adult.

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