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A defendant shall be punished by imprisonment for not less than one year and six months.
Disclosure and notification of information on the accused for five years.
(b) the defendant;
Reasons
Criminal facts
On June 4, 2009, the defendant and the person subject to a request for attachment order (hereinafter referred to as "defendant") were sentenced to a suspended sentence of imprisonment for five months for a quasi-indecent act by force at the former district court on the grounds of the crime of quasi-indecent act by force, and on December 4, 2014, the defendant was sentenced to imprisonment for ten months with labor for the same crime in the same court on December 4, 2014 and released the defendant after completing the term of imprisonment.
A person subject to an order to attach an electronic tracking device for three years.
【Criminal Facts】
At around 03:55 on November 3, 2019, the Defendant: (a) discovered the victim D (tentative name, b2 years of age) who was divingd at Cuping Supbaak-gu, Youngjin-gu; (b) confirmed by hand that the victim’s bridge was out of locked; and (c) stated in the indictment of mental disorder that the Defendant committed an indecent act by taking advantage of the victim’s “non-defluence” condition; (d) as in the instant case, the victim’s locked was in a state of mental disorder and cannot be deemed as a state of non-confluence (see, e.g., Supreme Court Decision 2001Do3490, Sept. 14, 201). The Defendant stated that the victim was locked and the Defendant used it to commit an indecent act; and (b) there is no special dispute as to this, and even in cases where the victim’s indecent act was committed by force, there is no concern that the Defendant’s amendment process would result in the Defendant’s exercise of defense right.
The part of the victim in the state became the victim's loss.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.
(1) The Defendant was sentenced to imprisonment for a crime of quasi-indecent act by compulsion as stated in the record of the crime, and committed the same crime within 10 years after the execution of the sentence is completed, and (2) is attached with an electronic device.