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(영문) 수원지방법원 성남지원 2014.03.27 2013고합306

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with a intellectual disability of the third degree.

1. Around 08:00 on November 19, 2013, the Defendant discovered the victim D, a juvenile who was going up with escalators from the exit area No. 1 located in 507-13, Seongdong-gu, Sung-gu, Sungnam-si, Sung-si, Sung-si, 507-13 (hereinafter referred to as “the victim”), and Dambbbbbs added the victim’s chums and bucks to the victim’s own humbbbbbbs, thereby committing an indecent act against the victim’s will.

2. On November 21, 2013, at around 08:00 on November 21, 2013, the Defendant discovered victims, such as those coming from subways, and loaded an escalator, committed an indecent act against the victim’s will by force, by rhing the victim’s pathy and bucks with hand.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Application of the Acts and subordinate statutes entered in the police statement of D;

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 applicable laws and punishment for the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse on November 19, 2013, heavier penalty for concurrent crimes];

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is unable to impose an order to attend a course on a person with a disability of Grade III, who is an intelligence index 42, social index 43.33, and social age 6.5);

1. The main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, to be notified;