beta
(영문) 서울동부지방법원 2016.05.12 2016고합35

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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.

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to early illness, intellectual disability, etc. with disabilities of Grade II with mental disability.

On November 13, 2015, at around 15:30, the Defendant discovered the victim E (here, 13 years of age) who was returning home at the front of the “D” restaurant located in Gangdong-gu Seoul Metropolitan Government, and subsequently found the victim E (here, 13 years of age). On the other hand, the Defendant laid the victim back from his own rear to his hand with his hand, and her hand was knifeed with the knife with the knife in which the victim was suffering, thereby committing an indecent act against the victim.

Accordingly, the defendant committed an indecent act against a child or juvenile victim by force.

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (related to the submission of a suspect's diagnostic certificate and a certificate of disabled persons), a certificate and a medical certificate attached thereto;

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. Articles 10(2) and 55(1)3 (a) of the Criminal Act to mitigate mental and physical weakness (a certificate, certificate of admission, written diagnosis, and written opinion against the Defendant) of the Criminal Act (a person with disabilities with disabilities against the Defendant), the Defendant has been hospitalized for several times from 2000 to 200 with disabilities with mental disability for a long time due to his or her mental disorder, intellectual disability, etc., and it is recognized that the Defendant is currently in need of continuous medical treatment. In light of the motive and background of the instant crime, the Defendant’s act before and after the instant crime, the Defendant’s attitude, etc. at the investigation and public trial of the instant case, the Defendant was in a state that the Defendant had the ability to discern things or make decisions at the time of the instant crime.

[Determination]

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Children and juveniles who observe protection and attend lectures;