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(영문) 광주지방법원 2013.05.30 2013고합91

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for not less than nine months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Criminal facts

Around 07:00 on February 2, 2013, the Defendant: (a) in the “Duping soup” located in Gwangju Mine-gu, Gwangju; (b) in the side of the victim E (the victim E, 13 years of age); (c) in the victim’s sexual organ, the victim’s sexual organ was tightly adhered to the victim’s her sexual organ, and the victim was frightly her chest, etc., as sexual intercourse was committed; and (d) in the side, the victim was her chest, etc. of the victim F (the victim 13 years of age).

Accordingly, the defendant committed indecent acts by force against victims who are children or juveniles in a state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the E, F, G, and H;

1. The defense counsel asserts that the defendant was in a state of mental disability due to mental illness caused by brain-dead sugar at the time of the crime in this case.

According to the evidence duly adopted and examined by the court of this case, it is recognized that the defendant received medical treatment due to the "bral salky in the upper time", "salky in the upper time" and "salky in the upper time," but in light of various circumstances, such as the circumstances of the crime in this case, means, and the defendant's behavior before and after the crime, it is not deemed that the defendant did not have the ability to discern things at the time of the crime, and thus, the above assertion is rejected

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the choice of punishment;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, Etc., concerning E, with a heavier criminal penalty);

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

1. Matters concerning the protection of children and juveniles against sexual traffic exempted from disclosure orders and notification orders;