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(영문) 의정부지방법원 2019.02.14 2018고합348
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

The Defendant, at around 20:00 on April 16, 2018, was placed on the street in front of C in Namyang-si, Namyang-si, and the victim D (15 years old) coming from the opposite part was reported to the victim and had the victim talked against the victim's will, and the Defendant forced the victim to commit an indecent act.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes 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 concerning the relevant criminal facts;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders (the defendant is a disabled person who was judged to be a Grade II intellectual disability and has undergone long-term hospital treatment due to sexual impulse control disorder, the circumstances leading up to the instant crime, details and manner of the crime, the defendant's behavior before and after the instant crime, etc., it is deemed that the defendant had a weak ability to discern things or make decisions at the time of the instant crime)

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

1. Subparagraph 1 of Article 2-3, Article 44-2 (1), (2) and the main sentence of Article 44-2 (3) of the Act on Probation and Medical Treatment and Custody, etc.;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, since it is deemed that the accused is difficult to secure the effectiveness of an order to attend a course,

1. Registration of personal information in light of the age, character, and medical history of the accused stated in the records under the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the same Act;

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