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(영문) 수원지방법원 안산지원 2013.04.12 2012고합639
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant committed any of the following crimes under the status that the defendant lacks the ability to discern things or make decisions due to a mental fission, etc.:

1. On September 18, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by force against the victim by finding out the victim E (13 years old and female) who is a child or juvenile, who is walking at the time of telephone conversations, and committing an indecent act against the victim’s body in the following manner.

2. On September 18, 2012, the Defendant: (a) committed indecent act by compulsion on the part of the second floor of the F building in Ansan-si, the Defendant: (b) committed indecent act by compulsion by force against the victim by discovering the victim G (at least 37 years of age) emitted from toilets; and (c) exposing the victim’s chest by hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each written complaint and statement of E and H, and I;

1. Application of the relevant photograph of the case (A) and the relevant photograph of the case (field) Acts and subordinate statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning criminal facts;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act that is legally mitigated (a mental or physical disability caused by a mental disorder, etc.);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the long-term punishment of two crimes prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy punishment);

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

1. An order for disclosure;

(a) Offenses listed in paragraph (1) of the judgment: Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

(b) Offenses listed in paragraph (2) of the judgment: Article 37(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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