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(영문) 전주지방법원 군산지원 2020.01.09 2019고합143
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a person who resides in an apartment, such as the victim B (one, seven years of age), and has weak ability to discern things or make decisions due to dementia caused by an unidentified unknown alz's disease.

On July 22, 2019, around 14:29, the Defendant, seated in the stairs at the apartment entrance of the apartment located in Yansan-si, caused the victim to sit in one’s side, and then put the victim into the buckbucks inside both bucks and bucks inside the bucks where the victim suffered, and committed an indecent act on the part of the victim.

Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Report on the occurrence of the case, and the application of each investigation report (Evidence List Nos. 6, 8) Act and subordinate statutes;

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

1. In full view of Articles 10(2) and 55(1)3 of the Criminal Act for Mitigation and Mitigation of Mental Injuries (the defendant was arrested as an offender in the act of committing a crime immediately after the instant case and under investigation by the police, the defendant is deemed to have committed a crime under the lack of the ability to discern things at the time of the instant case or make decisions on whether he/she was guilty of the crime, since the police was arrested as an offender in the act of committing a crime in the act of committing a crime in the crime of this case, and the Internet was detained after the police was called as an offender in the detention room because of his/her home, and the search on the Internet would have known that he/she was not guilty of the crime of this case.)

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

1. The defendant under the proviso of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is under medical treatment due to dementia, etc.

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