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(영문) 전주지방법원 2018.04.19 2017고합215
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") is a person with disabilities of grade II with physical and intellectual disabilities who lacks the ability to discern things or make decisions.

On September 8, 2017, around 07:30, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by rhumbbbbs in the victim H (a name, 16 years old) that was seated in front of the E bus stops located in the front of the E bus stops located in the front of the YY-gu Seoul Metropolitan City, Seoul, by using the Fbuckbs in his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on investigation (referring to cases on specific circumstances of the suspect), a photograph of the suspect who is marked on the urban bus booms images, a photograph of the suspect who is marked on CCTV around the bus stop;

1. A reply to a request for a prior investigation;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities and reports on psychological evaluation;

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

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness (a defendant may be acknowledged to have committed a crime with disabilities of class II with physical or intellectual disabilities in a state that he/she has committed a crime under the influence that he/she lacks the ability to discern things or make decisions);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Special circumstances in which the defendant is unable to impose an order to attend a course on the defendant, considering the fact that the defendant seems to have difficulty in properly understanding the details of the lecture for treatment of sexual assault, as a person with a disability of grade II with intellectual disability, etc., under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

[Determination]

1. Personal information to be registered and submitted under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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