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(영문) 부산지방법원 2015.05.22 2014고합882
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From February 20, 1990, the Defendant is a mentally disabled person of Grade II who has been receiving treatment due to a mental fission in a D hospital or Epsychology, etc. from around February 20, 199.

In light of the fact that the Defendant was diagnosed as a mentally divided disease under the lack of the ability to discern things and make decisions due to mental division, the Defendant was designated as a disabled person of class 2 with the disability grade, the motive of the crime, the background and means of the crime, the behavior of the Defendant before and after the crime, the investigation, and the attitude in the trial, etc., it is reasonable to deem that there was a state of mental and physical disability at the time of the crime in this case.

The following crimes have been committed:

1. On October 1, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse, around October 20, 2014, attempted to commit an indecent act by exposing his/her hand to the “G” restaurant located in the Busan Northern-gu Busan Northern-gu, and by exposing his/her hand to the “G” restaurant. However, the Defendant attempted to commit an indecent act by exposing his/her hands to the victim’s hand. However, the Defendant did not go against the Defendant’s hand and did not commit an attempted act.

2. On October 1, 2014, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, committed an indecent act by force against the victim, who was a juvenile, by exposing his/her hand to the J (W, 17 years old) of the “Iart” located in H in Busan Northern-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C and J;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (6) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act concerning criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the crimes of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act are heavier;

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