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(영문) 의정부지방법원 고양지원 2015.06.05 2015고합40

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a disabled person of Grade II with intellectual disability who lacks the ability or decision-making ability to discern things due to intellectual disability and tidal wave." Except for the inclusion of "the defendant as a disabled person of Grade II with intellectual disability in the first place, it is listed in the facts charged."

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecutions and police suspect interrogation records of the accused;

1. Stenographic records or statement-recording CDs with C;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities, opinions, and copies of medical records;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where a defendant who is a intellectualally disabled person has received an order to attend a course or order to complete a program formally according to the level of ordinary people, it is deemed that the effect of such order cannot be expected, and special circumstances exist where such order to attend a course or order to complete a program cannot be imposed);

1. In full view of various circumstances such as the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender is the defendant, and in this case, the registration of personal information and probation alone seems to have an effect to prevent recidivism, the defendant's defense counsel's defense counsel's assertion on the defendant's personal information should not be disclosed and notified to the public. Thus, the defendant's defense counsel did not issue an order to disclose and notify the defendant's personal information.