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(영문) 대구지방법원 김천지원 2019.09.24 2019고합54
아동복지법위반등
Text

A defendant shall be punished by imprisonment for two years.

The defendant is a child or juvenile-related institution, etc.

Reasons

Criminal facts

On March 19, 2019, the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") were hospitalized in C Hospital located in the Gu, Si, Si, Gu, and was diagnosed as a early illness.

피고인은 조현병으로 인하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 2019. 3. 19. 07:40경 구미시 D아파트 앞 횡단보도에서 교복을 입고 등교중이던 피해자 E(여, 15세, 가명)와 피해자 F(여, 16세, 가명)를 뒤따라 가 ‘치마 안이 다 보인다.’라고 말하며 고개를 숙여 피해자들의 치마 속을 들여다보는 시늉을 하였다.

Accordingly, the defect that the victim E is "to report to the police", the defendant sent the victim E's face one time to drink, and assaulted the victim E once.

As a result, the defendant committed sexual abuse such as sexual harassment that causes a sense of sexual shame to the victims who are children, and assaulted E.

[Facts of the grounds for medical treatment and custody] The defendant has a record of being sentenced to medical treatment and custody, protective custody, etc. four times due to a man's illness. On March 27, 2018, the Daegu District Court has continuously repeated violence even though he/she was sentenced to a suspended sentence of two years for special intimidation and a medical treatment order on March 27, 2018.

Considering these circumstances, the defendant needs to provide medical treatment at a medical treatment and custody facility because the risk of recidivism is dangerous.

Summary of Evidence

【Criminal Facts in the Market】

1. Each legal statement of witness E, F and G;

1. Each police statement of the E, F, and G;

1. Each statement of E and F;

1. List of 112 Reporting Cases (No. 7 No. 5 of the evidence list);

1. Each investigation report (in relation to attachment of a suspect's diagnostic report, witness's G currency, and witness's additional call);

1. According to the evidence records of this case, the defendant is a main prison from December 22, 198 to January 6, 199.

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