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(영문) 의정부지방법원 고양지원 2015.02.13 2014고합280

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendants are brain-diseases and intellectual third grade disabilities.

On August 30, 2014, the Defendant: (a) on August 19, 2014, the Defendant: (b) was on board, in the elevator, which was, in order to go to the house, in order to go to the house; (c) on the elevator, in order to go to the house, in order to go to the house; (d) the Defendant, along with his father, was frightened with the victim D (n, 7 years old); and (e) the victim’s chest and her am, as his hand, committed indecent act.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements of victims;

1. A witness's written statement;

1. Application of Acts and subordinate statutes to CCTV image analysis data;

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

2. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

3. Article 62 (1) of the Act on Suspension of Execution (The following factors shall be repeatedly taken into consideration for the defendant).

4. The main sentence of Article 21 (2), the main sentence of Article 21 (3), and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

6. The Defendant and his defense counsel’s assertion and determination thereof under Article 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The Defendant, at the time of committing the instant crime, was in a state of mental and physical disability due to brain disease, intellectual disability, and shock disorder.

2. According to the statement of opinion, it is recognized that the Defendant had difficulties in shocking with Grade III intellectual disability at the time of committing the instant crime, but the following circumstances, i.e., the Defendant’s statement at an investigative agency by relatively concrete and accurate memory of the content of the instant crime, and the content of the instant crime.