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(영문) 광주지방법원 순천지원 2019.07.04 2018고합276
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for seven years.

Disclosure and notification of information on the accused for five years.

(b) the defendant;

Reasons

On March 26, 2009, the facts constituting a crime, an attachment order, a cause for a medical treatment and custody (criminal record) and a defendant, an applicant for a medical treatment and custody and an applicant for an attachment order (hereinafter referred to as "defendant") were sentenced to two years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Minor Rape, etc. under thirteen years of age) in the Gwangju District Court's net support, and the judgment became final and conclusive on June 19, 2009 and completed the execution of the sentence on March 25, 201.

【Criminal Facts】

The defendant is between the victim B (the family name, the female, the age of 10) and the non-faceted family.

At around 17:15 on December 1, 2018, when the Defendant lacks the ability to discern things or make decisions due to the on-site illness, the Defendant forcedly committed an indecent act against the victim by: (a) discovering the victim who is seated in the DD Hospital 1st century in Macheon-si; (b) attempting to detect and commit an indecent act against him/her; (c) holding the victim in his/her own side; (d) drawing the victim in his/her hands so as to prevent him/her from driving; and (e) drawing the victim into the clothes; and (e) taking the victim’s face and dancing.

Accordingly, the defendant committed an indecent act by force against a minor victim under 13 years of age.

[Judgment of the court below] The Defendant committed a sexual crime against a minor under 13 years of age, and was sentenced to a punishment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (a minor, rape, etc. under 13 years of age), and committed a sexual crime against a victim under 13 years of age again within 10 years after the completion of the execution of the sentence. Thus, in light of the tendency, attitude, etc., there is

[Facts of the grounds for a request for medical treatment and custody] When the defendant lacks the ability to discern things or make decisions due to the on-site illness, he/she has committed a crime corresponding to imprisonment without prison labor or heavier punishment and has the risk of recidivism at the medical treatment and custody facility.

Summary of Evidence

1. The first time;

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