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(영문) 대구지방법원 서부지원 2013.09.05 2013고합104
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 19, 2013, when the Defendant lacks the ability to discern things or make decisions due to intellectual disorder, the Defendant reported on April 13:10, 2013 that juvenile victim E (here, 15 years old) is waiting to stop the subway ticket before the automatic transmission of the DNA station located in Daegu Seo-gu, Seo-gu, Seo-gu, and committed an indecent act by his left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. Voluntary report and investigation report:

1. Application of the Acts and subordinate statutes to one video CD at the time of committing the crime;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012) and Article 298 of the Criminal Act concerning criminal facts;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 4 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 (applicable to special circumstances where an order to complete a program is unable to be imposed, considering the fact that it is deemed difficult to expect the effect of order as a Grade

1. Determination as to the assertion by the Defendant and his/her defense counsel, where a fine is imposed on the Defendant) under the proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from disclosure and notification

1. The summary of the argument is that the Defendant was placed at the victim’s her but his her her her her her her her her her her her her her her her her her her but the Defendant

2. Determination.

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