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(영문) 제주지방법원 2019.07.04 2019고합58

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around March 25, 2019, when the defendant lacks the ability to discern things or make decisions due to the intellectual disorder in the second degree, the defendant was able to report the victim C (one-year old, 14 years old) who passed on the roads near the home of the defendant in Seopo-si B in Seopo-si on March 25, 2019 and committed an indecent act, and the victim faces opposite to each other and knee in the victim's left side by hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. 112 reported case handling table;

1. A copy of a CCTV image closure photograph and welfare card (A);

1. Investigative reports (reports on previous convictions and attachment of written rulings), written rulings; and

1. Application of the Acts and subordinate statutes of a report on investigation (Submission of a suspect's medical certificate and counseling data), medical certificate, and counseling certificate;

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) of the Criminal Act to be mitigated legally, and Article 55(1)6 of the Criminal Act [In full view of the details of the instant crime, the Defendant’s behavior before and after the instant crime, and the Defendant’s attitude or content in the court, etc., which may be known by the evidence duly adopted and examined by the court, it is deemed that the Defendant committed the instant crime under the condition that the Defendant lacks the ability to discern things or make decisions due to Grade 2 intellectual disorder, and thus, lacks the ability

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose and notify;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant is a disabled person of Grade II with intellectual disability who is a disabled person of Grade II, and whose social age (SA) is 6.75 years and social index (S Q Q is only 9.92) and takes part in the program normally.