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(영문) 대구지방법원 2017.11.10 2017고합389

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

The defendant is a person who has lost the ability to discern things or make decisions due to the early illness.

On May 26, 2017, the Defendant found the Victim D (17 Does) that waits for buses at the bus stops in the front bus stops in Silung-si, Seoul around 18:45 on May 26, 2017. The Defendant found the Victim D, “I wish to rape, I wish to do so,” and “I wish to commit rape, I wish to do so within 13 cm,” and “Nehhhhs.

In this regard, the victim was forced to commit an indecent act against the juvenile, such as "the victim was hickly hickly," "the body of the defendant was hickly," and "the victim was hickly hickly," and "the victim was hickly hickly hicked and hicked."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant was in a state of mental and physical weakness at the time of committing the instant crime.

Recognized.

① On September 17, 2016, the Defendant ceased to receive medical treatment due to symptoms, such as emotional clothes, etc., and on April 12, 2017, the medical trial room showed improper speech, such as expressing her personal name, and murder impulses, or increasing the horses, and committed the instant crime after approximately one month has elapsed from that day.

② After committing a crime, a doctor E diagnosed the Defendant as a situation requiring active mental and medical treatment for the next six months or more, and the Defendant was hospitalized at the F Hospital from August 16, 2017.

③ At the time of committing the instant crime, the Defendant “I wish to rape, I wish to do so,” and “I wish to do so with an addition of 13 cms in inside and outside, and four cms in effect.”

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