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(영문) 부산지방법원 2015.04.17 2014고합834

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

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.

Reasons

Punishment of the crime

In a state where the Defendant lacks the ability to discern things or make decisions due to editing mental fissionation, on November 17, 2014, around 17:23, 2014, the Defendant left the victim E (here, 17 years of age) who was suffering from his/her own hand, followed by the victim E (here, 17 years of age).

Therefore, the defendant was forced to commit indecent acts against juveniles.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the defendant suffers from the mental disorder of editing and is currently being treated at a hospital, special circumstances exist where an order to attend a course cannot be imposed on the defendant);

1. Reasons for sentencing of the defendant's personal information to be disclosed or notified in full view of his/her age, occupation, family environment, social ties, previous convictions, and the risk of recidivism (no criminal records of the same kind) under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the special circumstances that may not be disclosed or notified shall exist] of the Act on the Protection of Children and Juveniles against Sexual Abuse, taking into account the benefits and preventive effects expected from the disclosure or notification order of the case, and disadvantages and side effects therefrom

1. The scope of applicable sentences: Imprisonment for not less than six months to not more than seven years;

2. Scope of Recommendation: Imprisonment with prison labor for up to two years (special mitigation) (decision of a sentence), general standards for sex offense groups.