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(영문) 부산지방법원 2015.09.18 2015고합417

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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

Reasons

Punishment of the crime

At the time of committing the following crimes, the Defendant had weak ability to discern things or make decisions due to the following Compilation mental division.

At around 03:58 on May 31, 2015, the Defendant: (a) on the street log in front of the “D” department located in the Busan Singu, Busan; (b) the victim E (the age of 16), who is a juvenile, was faced with a bucket and buckbbbbbbbs in front of the buck box, and was seated in the front of the buck box, and she was forced to force the victim by force by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and E;

1. Application of Acts and subordinate statutes of a written diagnosis and a written confirmation of hospitalization;

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 criminal facts;

1. Article 10 (2) and (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act (a person of mental disability due to Maternal Subdivision);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the accused falls short of the ability to discern things or make decisions due to a mental division of editing, there are special circumstances in which an order to attend lectures cannot be imposed);

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. The scope of recommendations: Since the minimum limit of a year recommended by imprisonment for a year ( September) is lower than the minimum limit of the applicable sentencing, it shall be modified to the lower limit of the applicable sentencing range from - 3 years to - general standard of special mitigation [decision of the type], the crime of indecent act by compulsion (subject to over 13 years of age).