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(영문) 수원지방법원 성남지원 2016.03.17 2015고합293

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 20, 2015, the Defendant: (a) 23:2 on October 20, 2015, 23:23:2, around the Alleynam-si, Sungnam-si, the Defendant sawd the victim E (n't.e., 18 years of age) who was in custody from D's underground vehicular road; (b) prevented the victim from being in custody with his/her left hand; and (c) committed an indecent act against the victim, who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (E);

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes on the screen by capturing the suspect CCTV;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. There are special circumstances in which the disclosure or notification of personal information of a defendant may not be made, in full view of the defendant's age, occupation, risk of recidivism, type of and motive for the crime of this case, process of the crime, seriousness of the result and crime, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victim, etc.

(C) The Defendant and his defense counsel had the mental and physical weakness at the time of committing the instant crime due to depression.

The argument is asserted.

According to the statement of opinion, it is recognized that the defendant is receiving mental and medical treatment from around September 27, 2014 due to symptoms, such as the evasion, apprehension, depression, drop of impulse impulse ability, and influence, but the crime of this case is committed.