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(영문) 수원지방법원 2020.08.13 2020고합327
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for two years.

The information on the accused shall be disclosed and notified for five years.

(b) the defendant;

Reasons

The facts constituting a crime, the medical treatment and custody, and the attachment order [criminal facts] The defendant and the requester for medical treatment and custody and the requester for the attachment order (hereinafter referred to as "defendants") are persons with disabilities of class 2 with intellectual disabilities who have been provided medical treatment due to a fluoral disorder, such as a reconcing and shock disorder.

At around 12:55 on May 19, 2020, the Defendant found the victim D (one, ten years of age) who was taking a ice cream on the road located in Suwon-gu, Suwon-si, Suwon-si, as the Defendant had weak ability to distinguish things or make decisions due to mental or physical disorder, and found the victim D (one, ten years of age) who was taking a ice cream on the roads adjacent to the “C photographbook” located in Suwon-gu, Suwon-si, Suwon-si, and led the victim to the alley.

The defendant continued to suppress the victim's resistance by putting the victim's grandchildren and shoulder in both hands, and tried to kis against the victim, but the victim tried to kis against the victim, but did not bring the victim's kis on the cell phone with the cell phone in which the victim took a ppuri of the defendant's hand, and did not bring the victim's escape into the wind.

As a result, the defendant tried to forcibly commit an indecent act against a minor under the age of 13, but did not bring about such intent, but did not commit an attempted act.

[The necessity of medical treatment and custody, attachment order, and risk of recidivism] The criminal act of this case by the defendant was committed by discovering the victim who was on the street at a low speed and attempted to commit an indecent act by force by taking the victim’s human body into the four scam, and thus, the criminal act was committed by the defendant. The defendant was sentenced to imprisonment with prison labor and six months in Seoul High Court on July 19, 201 for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor rape, etc. under thirteen years of age) at Seoul High Court on August 23, 201, and suspended prosecution for the crime of intrusion upon residence on December 20, 206.

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