(영문) 서울북부지방법원 2020.08.14 2020고합78

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2020.08.14 2020고합78

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

The facts of the cause of medical treatment and custody and the fact that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") are characterized by the language and behavior of the piracy type, the dynamics and emotions, etc., and the ability to verify the reality and recognition functions are considerably damaged, and the overall increase in the sulified and inappropriate social behavior and emotional reaction are shown.

At around 15:25 on October 25, 2019, when the victim D (tentative name, female, 20 years old) who was running there on the street in front of the restaurant in Seongbuk-gu Seoul, Seongbuk-gu, Seoul was able to distinguish things from Eul's suffering, and the victim was able to ask the victim's chest on his/her own hand from his/her own hand, and the victim was able to take the victim's finger by his/her hand and take the victim's breast by another hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

[Facts that cause of medical treatment and custody] The Defendant committed the crime of indecent act by compulsion as a mentally handicapped person who has shown severe damage to the real verification ability and recognition ability due to an excessive tidal wave, and overall increases, and shown severe social behavior and emotional reaction, and committed the crime of indecent act by compulsion. From around 2019, there is a risk of recidivism, such as having the record of being sentenced to a fine of one million won due to a public performance or obscene crime, and it is necessary to have him/her receive medical treatment at a medical treatment and custody facility under the condition that active and mental medical treatment is required to prevent recidivism.

Summary of Evidence

1. Each legal statement of witness D and E;

1. CCTV images and field photographs;

1. Two copies of the report processing table 112; and

1. Necessity of medical treatment and custody as indicated in the judgment, risk of recidivism: The following circumstances revealed by the evidence and a mental appraisal report (such as whether a person is registered with a disability) shall be taken into account:

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