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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant's information about the defendant shall be made through an information and communications network for five years.
Reasons
Punishment of the crime
[criminal record] On June 7, 2007, the defendant and the requester for attachment order (hereinafter "defendant") were sentenced to a suspended sentence of ten months in Seoul Southern District Court for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (a minor, rape, etc. under thirteen years of age). The judgment was finalized on June 15, 2007.
【Criminal Facts】
The Defendant is a person with a mental disorder who shows mental symptoms, such as intelligence degradation (I Q58), shocking capacity decline, behavioral disorder, large-person relationship disorder, sick degradation, and judgment disorder, and thereby lacks the ability or decision-making ability to discern things.
피고인은 2013. 3. 24. 10:40경 서울 강남구 C 앞길에서 엄마와 함께 교회를 가고 있던 피해자 D(여, 6세)를 발견하고 강제추행하기로 마음먹고, 피해자에게 다가가 손으로 피해자의 가슴과 배를 만지고, 계속하여 피해자의 음부 부위에서부터 가슴 부위까지 손으로 쓰윽 쓸어 올렸다.
Accordingly, the defendant committed an indecent act against the victim under 13 years of age.
[Facts of Cause of Medical Treatment and Custody] The Defendant committed a sexual crime against a victim who has been punished for a sexual crime but is merely 6 years old or older by a similar way. The Defendant requires a considerable period of time to train his/her internal ability and personal relations adaptation to his/her desire coordinate in a medical treatment and custody facility, and provide mental and medical treatment for his/her behavior disorder. If he/she neglects it, there is a high risk that he/she will lead to a military register accident in the event that his/her understanding ability and problem solving ability of social situation is deteriorated, and thus, there is a need for medical treatment and custody and
Summary of Evidence
1. Defendant's legal statement;
1. stenographic records of the victim's statement and the statement statement E prepared by the police in two video CDs recorded in the victim's statement (a shot person and an arrested person);
1. Investigation reports (verification of the degree of disability and the details of medical treatment), opinions, and opinions;