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(영문) 서울남부지방법원 2012.10.26 2012고합678

성폭력범죄의처벌등에관한특례법위반(특수강제추행)

Text

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

The excessive one (No. 1) seized shall be confiscated.

For the defendant.

Reasons

Punishment of the crime

Around June 2012, the Defendant: (a) had a juvenile sent out near the Young Military Station in Yong-gu, Seoul; (b) had the victim C (Nam and 16 years of age), who was suffering from intellectual disability 2; (c) had the victim d 104, his own residence, and lived together with it; (d) around 08:00 on September 5, 2012, the victim was faced with the victim d 104, who was divingd at the above house; (c) had the victim fright the victim’s hand, who was intending to go out of the house; and (d) had the victim fright the face of the victim fright at a drinking time; and (d) had the victim fright away from the victim’s own port, and fright away from the victim’s port, and fright away from the victim’s port, and fright up the victim’s own port, such as frighting the victim and threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Welfare cards, reports on investigation of children or persons with disabilities;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction against a defendant who has registered personal information under Articles 38(1)1 and 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant shall be a person subject to registration of personal information under Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse.