beta
(영문) 대전지방법원 홍성지원 2018.03.29 2017고합73

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 16, 2017, the Defendant: (a) around 18:34 on July 16, 2017, at the D convenience store in the apartment building C, Chungcheongnam-si, Chungcheongnam-si, the Defendant: (b) around 12 years old; (c) the victim E (a) who was calculating the goods in front of the Kabter for the purpose of fraud; (d) the Defendant “hicking her mick.”

“A indecent act was committed by force against the victim by making his/her own son his/her son his/her her son’s traw.”

Summary of Evidence

1. Statement made by the police with regard to F;

1. Records of statements made by victims;

1. A written opinion of an expert on statement and analysis of children;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the details of the statement made by the defendant to an investigative agency and the content of the statement submitted by the defendant, the defendant was in a state that the defendant lacks the ability to discern things or make decisions due to dementia diseases at the time of committing the instant crime

It is not visible.

However, in light of the attitude of the defendant's statement in this court and the opinion of the defense counsel several times, the defendant seems to be in a situation where it is difficult to make a normal judgment due to Alz's dementia and it is not smooth communication.

There are special circumstances in which it is difficult to expect the effect of preventing recidivism through an order to attend a lecture, and it is impossible to impose such order.

[Determination]

1. The exemption from disclosure and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age and health status, records of the crime, and the details and degree of the instant crime, and the disclosure and notification order may be achieved.