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(영문) 수원지방법원 안산지원 2018.11.02 2017고합342

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In the state that the Defendant lacks the ability to discern things or make decisions due to the symptoms of editing mental fissionrosis, damage network, etc. on September 1, 2017, the Defendant followed the victim D (the family name, the female, the age of 13) in front of the Matern C building in Ansan-si, Ansan-si on September 1, 2017, and followed the victim D (the age of 13) in front of the Matern C building in Ansan-si, Ansan-si on September 15, 2017. The Defendant committed an indecent act by force by force against the victim, who was her knife on the part of the victim by leading the victim to his her knife on one occasion and return to the latter.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (victim D);

1. A criminal photograph, data printed out of map, records related to the case, and reply to a request for appraisal;

1. Medical certificate (A), written opinion, and written confirmation of hospitalization;

1. Results of factual inquiries into Eth members of this Court;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. In light of the following facts and circumstances, Articles 10(2) and 10(1) and 55(1)3 of the Criminal Act (a) of the Act on the Statutory Mitigation (a person with mental or physical disorder) (a person with physical or mental disorder) and 55(1)3 (a person with physical or mental disorder) of the Criminal Act (a person with physical or mental disorder duly adopted and investigated by this court) and the evidence duly adopted by this court:

The decision is judged.

(1) On June 14, 2013, the Defendant began to perform pharmacologic treatment with symptoms of efficulative mental disorder, such as damage network, impulse, attack, etc., and continuously received outpatient treatment from around that time to March 14, 2015.

However, the Defendant voluntarily suspended outpatient treatment on the grounds of side effects, etc., and thereafter, symptoms, such as exchange administration, damage network, etc. were serious, and received hospitalized treatment from January 2, 2016 to February 13, 2016 in E member countries.

2. The Defendant continues to exist from E members until September 1, 2017.