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(영문) 인천지방법원 부천지원 2018.07.13 2018고합86

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person with a disability of the second degree with mental disability who lacks the ability to discern things or make decisions.

On February 8, 2018, around 09:40 on the street in the front of Seocheon-si, the Defendant added the phrase “child and juvenile” to clearly indicate that he/she is a victim of a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, who was prosecuted by the prosecutor, to the extent that such act does not materially disadvantage the Defendant’s exercise of his/her right to defense, which is a child and juvenile.

Da Do Do Da d Do n n n n n

“In the face of the body, the part of the Defendant’s sexual organ was forced to commit an indecent act on the part of the victimized person’s bridge by means of rain.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing the table of 112 Incident Report;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 62-2 of the Criminal Act, Article 44-2 (1) and (2), and the main sentence of Article 44-2 (3) of the Medical Treatment, Custody, etc. Act, which are observed for medical treatment orders and protection;

1. There are special circumstances in which the order to attend a course is impossible to be imposed on a mentally disabled person under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the accused is a mentally disabled person to undergo a sexual assault treatment program

Since it is judged)

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's mistake is recognized) of the Act on the Protection of Children and Juveniles against Sexual Abuse;