The Defendant’s motion to attach the instant attachment order is dismissed.

공소사실의 요지 및 부착명령 청구원인사실 공소사실 피고인 겸 피부착명령청구자(이하 ‘피고인’이라고만 한다)는 2018. 9. 9. 15:30경 서울 강남구 B아파트 C동과 그 앞 놀이터 사이 노상에서, 지적장애 2급 장애인인 피해자 D(여, 29세)의 뒤에서 접근하여 양손으로 피해자의 양손을 잡고 이어 피해자의 가슴을 움켜쥔 후 피해자를 껴안았다.

Accordingly, the defendant committed indecent act by compulsion on the victim with a physical or mental disability.

The Defendant needs to attach an electronic device, because he/she is found to have committed a sexual crime on at least two occasions, and is found to have a habit of committing a sexual crime and is highly likely to recommit a sexual crime against a person with a physical or mental disability.

The summary of the defendant's and his defense counsel's assertion on the facts charged does not have any indecent act against the victim.

The offender who commits an indecent act against the victim is another person, and the victim or his father has made an error in the course of selecting the defendant as the offender.

Judgment

According to the evidence adopted and examined by this court, the victim has intellectual disability but has basic cognitive and verbal basic capabilities, has been consistently stated in the experience of damage, and is highly likely to make an unexpected statement, and thus, the victim has credibility in his/her statement. Thus, the victim can be acknowledged as having committed an indecent act like the facts charged.

However, comprehensively taking account of the following circumstances acknowledged by the record, it is difficult to deem that the person who committed the above indecent act committed by the prosecutor alone is proven beyond a reasonable doubt that he/she was the defendant.

The difference between the offender's appearance and the offender's appearance at the time of the victim's statement shall be the victim's statement at the investigative agency.