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(영문) 서울북부지방법원 2014.07.14 2014고합114
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 14:50 on March 7, 2014, the Defendant: (a) discovered the victim E (the name, the age of 14) who walked on a mixed way while lacking the ability to discern things or make decisions due to mental disorder and severe symptoms in the vicinity of Seongbuk-gu Seoul Metropolitan Government; (b) tried to discover and commit indecent act against the victim.

The defendant waiting for the signal of the victim in order to cut off the crosswalk, and let the victim get out of his arms after the gate and the victim, and then put the victim's scam into the scam and put the sexual flag into the scam of the victim, and put the sexual flag into the scam of the victim.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Application of Acts and subordinate statutes as a result of clinical examination and treatment (patient A) and mental examination;

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. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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 consideration shall be made again for the reason of 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 deemed unable to normally attend sexual assault treatment programs provided by a probation office due to the above mental disorder, given that the defendant is deemed unable to normally attend sexual assault treatment programs conducted by the probation office due to the above mental disorder, considering the fact that the defendant's intellectual ability and ability to adapt to society was evaluated as low due to a mental disorder or serious symptoms of mental disorder, etc.

1. Article 49 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

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