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(영문) 광주지방법원 2017.12.15 2017고합234
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

The facts leading up to the medical care and custody cause [criminal facts] The defendant and the person in charge of the medical care and custody (hereinafter "the defendant") lack the ability or decision-making ability to discern things due to the dives disorder of mental delay and detailed unknown disorder on June 15, 2017. The victim D (V, 19 years old) who is a cafeteria employee in the commercial building, which was in the usual mind in the commercial building, enters the commercial building, and entered the same as the female toilet and entered the victim. The victim is in the side partitions of the available side column where the victim took the victim's sexual organ in the common room.

“Abdoingly, the victim’s act of self-defacing the victim, thereby spreading his/her hands to the victim, and the escape to the victim is a driver of the victim’s body.

“.....”

Accordingly, the Defendant invadedd the above female toilets managed by the above building management office, and forced the victim to commit an indecent act.

[Judgment of the court below] Defendant 1 committed a crime corresponding to imprisonment without prison labor or heavier punishment, and Defendant 2 needs to receive medical treatment at a medical care and custody facility and is in danger of recidivism.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police for E;

1. A copy of the investigation report (the status and statement of the suspect at the site of the case), telephone conversations of the suspect, investigation report (to attach a photo to the scene), investigation report (to the scene), drilling report, investigation report (management, etc. of women's toilets at the site of the case), and the name of the C Building Management Office;

1. On-site photographs, women's toilets, etc. at the scene of the case;

1. Necessity of treatment and risk of recidivism: (a) the following circumstances acknowledged by the evidence duly adopted and investigated by this Court; (b) the Defendant committed the instant crime from around 2009 on the ground that “the instant crime was committed from around 2009 on the ground that “the instant crime was committed with the disorder of serious behavior requiring caution, i.e., the impairment of the spirit and e., the e.,

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