beta
(영문) 서울동부지방법원 2018.04.27 2018고합62

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In the state that the Defendant lacks the ability to discern things or make decisions due to autism that has intellectual ability in intelligence index 33, the Defendant committed an indecent act by force against a child or juvenile victim, such as: (a) from the entrance door of the first floor of the Songpa-gu Seoul Metropolitan Government apartment building 000-dong on November 16, 2017 to the elevator, according to the victim D (the age of 15), the Defendant laid the elevator along with the elevator; (b) the victim was replaced by his sexual organ in the elevator; and (c) the victim was forced by the victim from the elevator to the front of the front door of the victim's house.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and victim D;

1. A report on internal investigation (such as raising a person suspected of committing a crime) and CCTV images;

1. Not physically and mentally weak as indicated in the judgment: Application of the FU Acts and subordinate statutes;

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 relevant criminal facts;

1. Articles 10(2) and 10(1) and 55(1)6 of the Criminal Act to be mitigated by law (in full view of the following: (a) the process and method of the instant crime as indicated in the records and pleadings; (b) the Defendant’s behavior before and after the instant crime; and (c) the Defendant’s attitude or content of the Defendant’s statement, etc., it is deemed that the Defendant committed the instant crime under the state of lacking ability to discern things or make decisions due to mental or physical disorder.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant is presumed to have been merely the level of intelligence index 33 and social maturity 47.3 (social age 7 years and 3 months)] of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from an order to attend a course or order to complete a program, and thus, cannot be expected to have the effect of having the Defendant receive an order to attend a course or order to complete a program in accordance with the general public.

Therefore, the defendant is the defendant.