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(영문) 대전지방법원 공주지원 2014.12.24 2014고합36
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 20, 2009, the Defendant was sentenced to a fine of five million won for a crime of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. under the Age of 13) in the Seoul Southern District Court on April 2009. On March 27, 2014, the Defendant was sentenced to imprisonment with labor for one year and six months and medical treatment and custody in the Incheon District Court on March 27, 2014, and is currently in the execution of medical treatment and custody in the public medical treatment and custody office.

【Criminal Facts】

The defendant is a person with a disability of grade II with intellectual disability who lacks the ability to discern things or make decisions due to mental disorder.

1. On November 2013, the Defendant discovered that the Victim C (six years of age) play in the Jinal Park in the Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, Bupyeong-gu, Incheon and 96-ro, and had the intent to force the Defendant to force by force.

The Defendant had the victim wanted to buy the breath district, and had the victim go to the above male toilet screen in the park before doing so, and had the victim go to the victim's panty and panty, and committed an indecent act by force against the victim who is a minor under the age of 13.

2. On November 2013, 2013, the Defendant discovered a victim who was playing in the same place after the crime as described in the above paragraph (1) was committed, and subsequently committed an indecent act by force against the victim, who is a minor under the age of 13, since the victim was sent to the victim’s panty and panty, and became the victim’s sexual organ by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of police with C;

1. Location, photograph, etc. of the crime scene;

1. A report on investigation;

1. Previous convictions indicated in judgment: References to criminal records, investigation reports (formers and reports on the confirmation of criminal facts), and application of Acts and subordinate statutes;

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

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