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(영문) 창원지방법원 2017.09.07 2017고합144

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than eight 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.

Reasons

Punishment of the crime

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to the interlateral disorder, etc.

On May 20, 2017, at around 13:25, the Defendant: (a) told the victim D (the 15-year-old), a child or juvenile, who was a child or juvenile, and the victim E (the 14-year-old-old-old-old-old-si), who was working in front of the 102 front road of Kimhae-si, 102; (b) told the victim D, “I see the time when she had done her inside.”; (c) kid the victim D’s body; (d) kid the victim’s body on the victim’s view, kid the victim’s body; and (e) kid the victim’s body in front of the 102 front road; and (e) kid the victim’s body on the same way, kid the victim’s view on the victim’s view.

Accordingly, the defendant committed an indecent act against children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A report on investigation (referring to CCTV images at the place of generation) and documents attached thereto;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Article 7 (3) of the Act on the Protection of Juveniles from Sexual Abuse and Article 298 of the Criminal Act, which provide for the relevant legal provisions and the choice of punishment for each of the crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against Heavy D];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following factors, such as favorable circumstances, etc. among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. An order to attend a lecture is issued in full view of various circumstances, such as the Defendant’s age, environment, criminal record, risk of repeating a crime, the Defendant’s medical history, etc., recognized through the records and arguments in this case, under the proviso of Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse.