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(영문) 대전지방법원 2018.08.22 2017고합364
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years 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 had weak ability and decision-making ability to discern things due to dementia due to Albimer's disease.

The defendant of "2017 Gohap 364" is a guardian who helps students to safely attend an elementary school near Daejeon-gu Daejeon Metropolitan City in order to ensure that students can safely attend the elementary school.

On June 26, 2017, the Defendant found the victim D (7 years old) while engaging in guard at the crosswalks adjacent to an elementary school due diligence around 14:00 on June 26, 2017. The Defendant committed an indecent act by force on the part of the victim, as the Defendant Da Da d d d d rhhys of the victim with the victim’s own hand.

On September 23, 2017 or September 24, 2017, the Defendant found the victim F (V, 6 years of age) at the front corridor of the Defendant’s house, 102 Dong-dong, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Seoul-si, 1506, the Defendant committed an indecent act by force against the victim by finding the victim F (V, 6 years of age) at the seat of the Defendant, who passed the seat, and by kiding the victim on his/her mouths.

Summary of Evidence

"2017 Gohap 364"

1. Partial statement of the defendant;

1. A statement video CD or stenographic record;

1. The investigation report (related to CCTV image data for the purpose of crime prevention), CCTV image CDs, photographs (netly 5), investigation report (G 3-distance photographs), photographs (netly 7), CDs, investigation reports (related to telephone conversations with the South Korean students), investigation reports (related to telephone conversations with the suspect), investigation reports (related to face-to-face listening viewing by the guardian of the same Article with the suspect), submission of investigation reports (Attachment of written opinions by experts in the case of sexual assault against children or persons with disabilities), and 2018 Gohap 105, including the victim's resident registration card;

1. Partial statement of the defendant;

1. Video-recording CDs and stenographic records;

1. Expert opinion on a child or sexual indecent act case;

1. "The mental and physical weakness of the judgment" in the place of the offender, investigation report, investigation report (an investigation into the victim, mother H, and the date and time of the crime);

1. Legal statement of a witness I;

1. A medical certificate, a copy of medical records, and a certificate of long-term medical care;

1. A document stating opinions of the J of the professional examiners;

1. Application of Acts and subordinate statutes to the report on psychological evaluation of K Preparation;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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