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(영문) 수원지방법원 평택지원 2014.11.05 2013고합182
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts, the facts of the cause of attachment order, and the facts of the cause of medical treatment and custody [criminal facts], the defendant, the person to whom an attachment order was requested and the requester for medical treatment and custody (hereinafter referred to as the "defendant") had weak ability to discern things or make decisions due to the mental retardation of the middle degree.

On August 21, 2013, at around 16:50, the Defendant reported that female students passed on the road near the D stable E located in Ansan-si, and that female students walked towards the Defendant, and that they attempted to walk up the chest of the victim F (17 years old) G (16 years old) H (16 years old) who walk back to the Defendant, going back with the Defendant, and walk up the left chest of the victim F (16 years old) H (16 years old). The Defendant attempted to walk up the victim I (16 years old) left chest, and then the said victim attempted to walk up the Defendant’s hand with the wall.

Accordingly, the defendant tried to commit an indecent act or indecent act against the victims of children and juveniles.

[Judgment of the court below] The defendant committed each sexual crime against a minor under the age of 19 and is likely to recommit a sexual crime as stated in the judgment below.

[Facts of Grounds for Medical Treatment and Custody] The Defendant needs to receive medical treatment at a medical treatment and custody facility and is at the risk of repeating a crime, who committed a crime subject to imprisonment without prison labor or heavier punishment.

Summary of Evidence

【Criminal Facts in the Market】

1. Each statement made by the police officer with respect to I, H, F, and G;

1. To record an investigation report prepared by the prosecution;

1. A report on the occurrence of the police preparation and a statement by compulsion;

1. The investigation report by the police, each statement and image (including attached photographs, CDs) of the prosecution (the necessity of medical treatment, risk of recidivism, and sexual crime), the evidence duly adopted and examined by the court before the police, and the inquiry report by the police, the mental appraisal statement and the request prior investigation statement by the competent appraiser of the Medical Treatment and Custody Office of the Ministry of Justice, respectively.

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