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(영문) 서울동부지방법원 2017.11.17 2017고합222
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is in a state that he has weak ability to discern things or make decisions due to the mental delay.

On June 10, 2017, around 08:50 on June 10, 2017, the Defendant discovered victims E (n, 9 years of age), F (n, 8 years of age) in the vicinity of subway No. 5 subway line D, Songpa-gu Seoul, and thought that the victims would commit an indecent act against the said victims, and the victims continued to have been seated in the subway history, and approach the victims to E by approaching them.

The chests of the victim F, who she was flicker or flicker, were flicker, and she was flicker of the victim E by hand while she was flicker, and she was flicker.

Accordingly, the defendant forced victims under the age of 13 to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to various statements and stenographic records of E and F;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for which the relevant provision of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc., and Article 298 of the Criminal Act (the fact of forced indecent conduct against minors under

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against F with heavier Crimes (an aggravated punishment against a minor under the age of 13];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant, as a patient with a mental retardation in light of the latitude, does not facilitate normal judgment and communication due to his/her mental and physical weakness, and thus, there are special circumstances under which the order to attend lectures cannot be imposed on the defendant because it is difficult to expect the effect of

1. The protection of children against sexual traffic is exempted from disclosure and notification orders.

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