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(영문) 대전지방법원 홍성지원 2015.01.08 2014고합105
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

At around 15:30 on September 27, 2014, when the Defendant was unable to discern things or make decisions due to the on-site illness, the Defendant committed an indecent act by force against the victim C (the age of 13) who was seated to wait for a bus in front of the bus terminal located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Chungcheongnam-gun, Seocheon-gun, Seocheon-gun, in order to wait for a bus in front of the bus terminal located in Seocheon-gu, Seocheon-gun, Seocheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. C’s self-written statement;

1. Application of statutes on site photographs;

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 criminal facts;

1. According to Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental illness [a person who is diagnosed as a mental disease by an unexplosion type, and records, the defendant was diagnosed as a mental disease by around 1998 and received treatment from a reduced-end hospital until around 2004. From around 2007 to around the day of the instant crime, the defendant was receiving treatment from a member of the E mental health department and received treatment for the same long time. The instant crime was committed in a state where many witnesses were living around the bus terminal platform where people frequent in the daytime. The facts themselves are assessed in the circumstances supporting the fact that the defendant’s reasonable judgment ability at the time of the instant crime, and other Defendant’s statement attitude or content as shown in the records and arguments, it is determined that the Defendant committed the instant crime under a state where things have changed or lacks the ability to make decisions due to the above mental illness.]

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 (hereinafter “Suspension of Execution”) 1.

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