아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant committed the following crimes under the status that he has the ability to discern things or make decisions due to mental retardation.
1. On December 28, 2012, at around 10:00, the Defendant: (a) accessed the victim E (here, female, 16 years old) who was in front of the Korean War, with a mountain cover; (b) committed an indecent act by force against the victim, who was a child or juvenile, by taking the victim’s turb.
2. On December 28, 2012, the Defendant, at around 12:10 on December 28, 2012, committed an indecent act by force against the victim F (n, 13 years of age) who was getting off the above landing at the front of the said Drown, saying, “I want to slick off the snow,” with the victim’s left arms.”
Summary of Evidence
1. Defendant's legal statement;
1. Results of inquiry into the court investigator;
1. Each police statement of E and F;
1. Application of the legislation in its opinion;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act that stipulate the relevant Articles of the Act and the choice of punishment for the crimes;
2. Article 10(2) and (1), and Article 55(1)3 (person with mental disability) of the Criminal Act mitigated legally (person with mental disability) of the Criminal Act (person with mental disability) is judged as 10 years of age (social index 63), intelligence index 58 (L-WAS 59, 61), and 2, the defendant was diagnosed as a mental disorder and mental body on March 24, 2006, and received a mental treatment from around 10 to around 4, 2010 (Evidence evidence record 51), and intelligence index 58 (C-WAS 61) (the result of the sentencing assessment against the court investigator), and the fact that the defendant was unable to live together with himself/herself at the time of the victim's death, 50 years of age in his/her own ability. < Amended by Act No. 7888, Mar. 24, 2006>