beta
(영문) 대구지방법원 2013.05.24 2013고합16

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and his defense counsel did not explicitly assert mental disorder in this case when the defendant lacks the ability to discern things or make decisions, but the defendant is registered as a person with intellectual disability of Grade II (Evidence No. 49 of the Evidence Record), and the defendant has continuously asserted mental disorder from the investigative agency to this court during the second trial, and defense counsel also stated the mental retardation of the defendant during the second trial. According to the opinion of the FSC, the defendant is diagnosed as having a intellectual disorder with an intelligence index 41, an eromatic disorder with an eromatic eromatic disorder, and is diagnosed as having been under hospital treatment and requiring mental therapy for more than one month in the future (Evidence No. 49 of the Evidence Record) and all other circumstances revealed in the oral proceedings (see, e.g., Supreme Court Decision 2009Do8219, Apr. 9, 2009; 2010Do3281, Feb. 1, 2017).

Accordingly, the Defendant, who was the victim, was seated, became the victim's breasts with both hands.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Application of Acts and subordinate statutes to CCTV afforestation data;

1. Relevant Article on the facts constituting an offense and the punishment, etc. of a sexual crime selected;