성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) At the time of committing the instant crime, the Defendant was in a state of mental and physical disability due to brain ties, intellectual disabilities, and shock disorder at the time of the instant crime. 2) In particular, the Defendant was in a state of mental and physical disability.
3 The lower court’s sentence of unreasonable sentencing is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below as to the defendant's mental suffering claim, the defendant was found to be in a state of having the ability to discern things or make decisions due to mental disorder prior to the crime of this case, in full view of the following: (a) the defendant, who was suffering from brain-disease disorder and was born at the time of the crime of this case, and present FSS I Q53, social age 7, and social welfare index 7 years old; (b) the defendant committed indecent act by force on the victim with his guardian in the elevator; (c) the criminal was unable to stop if the general public is capable of causing a normal accident; (d) the motive and background leading up to the crime of this case; (e) the defendant's motive and background leading up to the crime of this case; (e) the defendant's criminal act; (e) the defendant's statement and attitude in the investigative agency, the court below, and this court.
Therefore, the judgment of the court below which rejected the defendant's claim of mental illness is erroneous and adversely affected by the judgment.
This part of the defendant's argument is justified.
B. As to the wrongful assertion of disclosure disclosure order, Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provide that the personal information of a person who committed a sexual crime shall, in principle, be disclosed and notified to the public, be exempted only when it is deemed that there are special circumstances that may not be an exception.
The court below held.