아동ㆍ청소년의성보호에관한법률위반(강제추행)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 18, 2018, the defendant found the victim D (the name, the 17-year old age) who was protruding the direction of the defendant's proceeding while walking in the direction of the defendant's proceeding at Asan City around 19:34 on June 18, 2018, and entered the facts charged as "on the left chest at once" in which the victim's chest was left by his own left hand, and as the result of the examination of evidence, the defendant corrected and recognized it as above in accordance with the results of the examination.
The juvenile victim was forced to commit an indecent act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. As to the Defendant and his defense counsel’s assertion of CCTV images and CCTV caps, the Defendant and his defense counsel had a mental and physical weakness due to mental illness at the time of committing the instant crime
The argument is asserted.
The mental disorder stipulated in Article 10 of the Criminal Act, as a biological element, requires that the mental disorder, such as mental disorder or abnormal mental condition, as well as the psychological disorder, is lacking or reduced in the ability to distinguish things and the ability to control action accordingly. Thus, even if a person with a mental disorder is a person with a normal mental disorder at the time of committing the crime, such mental disorder cannot be deemed a mental disorder if he/she had the ability to discern things or control action (see, e.g., Supreme Court Decision 2006Do7900, Feb. 8, 2007). According to the evidence, it is recognized that the defendant suffered from mental disorder such as dive disorder at the time of committing the instant crime.
However, in light of the circumstances leading up to the instant crime, the method and content of the crime, the act of the Defendant before and after the crime, and the statement of the Defendant regarding the situation at the time, etc., the Defendant had weak ability to discern things or make decisions due to mental illness.
Therefore, the defendant and his defense counsel cannot be accepted.
Application of Statutes
1. The relevant Article of the Act and children and juveniles selected to commit the crime;