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(영문) 대전지방법원 2018.05.18 2018고합32
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person with disabilities in the second degree of intellectual disability who lacks the ability to discern things or make decisions.

On October 15, 2017, around 13:30 on October 15, 2017, at the house of the victim D (Woo, 14 years of age, Gain) located in Sejong-si, the Defendant moved the victim's home to move his house and her home to find the key.

At the same time, the victim was able to see the victim's right bucks and bucks about the victim's right bucks while entering the above house where the victim is mixed with the victim.

Defendant continued to “Isk once Isk? Isk?”

“The victim should be asked to “the victim’s inside,” and entered the victim’s hand, and then placed the victim’s shoulder on the bed, with his own hand, and then placed the victim’s body on the bed, and then placed the victim’s body above the victim’s body below the victim’s body, and made an indecent act by coercioning the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol to D, victim-recording CD-related Acts and subordinate statutes;

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) to mitigate mental and physical weakness;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, environment, the degree of recidivism risk, the degree of disclosure and notification order, which is recognized as recorded by the record, including the fact that the defendant had not committed the crime before the crime in this case, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, and the

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