아동ㆍ청소년의성보호에관한법률위반(장애인추행)
A defendant shall be punished by imprisonment for not more than ten months.
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.
Punishment of the crime
Victim D(W, 14 years old) is a person with intellectual disability of 50 intelligence index and 57 social index.
On March 12, 2017, the Defendant: (a) at a salt shed located in Pyeongtaek-gun E around 15:00 on March 12, 2017; and (b) at the victim who found the place, “the Defendant dried salt dried.”
The victim's right breast part of the victim's right chest was only one time with the victim's hand while making the report Ara.
Accordingly, the defendant committed an indecent act against the disabled child or juvenile victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Part of the police statements made to F;
1. Application of some Acts and subordinate statutes in part of the stenographic evaluation report, clinical psychological evaluation report, investigation report (issuance of a community resident or resident registration copy related to the victim's intellectual disability), each video CD (Evidence No. 6, 14 of the evidence list) to the victim's statement stenographic records;
1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;
1. There are special circumstances under which the disclosure of personal information may not be made in light of the defendant's age, risk of recidivism, record of crime, content and motive of crime, method of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the defendant would suffer, the preventive effect of sexual assault crime subject to registration that may be achieved due to such order, the effect of protecting the victim, etc.
(C) Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person subject to registration of personal information shall be subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.
The reason for sentencing is the defendant's age.