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(영문) 광주지방법원 2017.02.03 2016고합488

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 15, 2016, the Defendant discovered that the victim D (the name, the age of 16) was able to change things or make decisions due to detailed unknown mental disorders and editing illness, and that the victim was not the victim on the road in front of Yong-gun, Yong-gun, Namnam-gun, Seoul around October 18, 2016.

After that, the Defendant made his name to the victim and the victim “whether or not”;

Male-gu Doctrine

“Is the Victim and the Victim did not have “Is the Victim’s Mac-gu,” and “Is the Victim Mac-gu;

periods of origin, whether it is necessary;

In this sense, the call called "D," was made.

이에 피해 자가 피고인에게 “ 진짜 괜찮다” 고 말하며 자리를 떠나려고 하자, 피고인은 갑자기 피해자의 팔을 잡으며 귓속말로 “ 나랑 데이트할래,

Does the apartment complex will not be located in the lower (the entrance of the apartment complex in the vicinity).

“ ........”

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes on report of internal investigation;

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 the selection of the relevant criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is not only a person with a disability of Grade IV in the brain disease or visual disability, but also a mental disorder of Grade IV due to brain damage, brain disorder, and physical disease, and a situation where it is difficult to implement an order to attend a lecture normally because he/she has an accident, such as editing accident, due to a editing injury);

1. The proviso to Article 49 (1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;