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(영문) 의정부지방법원 고양지원 2018.04.17 2018고합44
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 punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with a mental disability of the second degree.

On October 13, 2017, the Defendant: (a) 15:30 on the floor of the sperm set up in U.S. Dongdong-gu, U.S. on October 13, 2017, and (b) 15:30, the Defendant laid down the victim D (a person, a woman, a woman, 10 years of age) who was playing together with two her natives, with the victim D (a person, a woman, a woman, a woman, a woman of ten years of age).

Accordingly, the defendant committed an indecent act against a person under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (video recording of a victim D) and the statement of damage attached thereto;

1. Application of Acts and subordinate statutes to CCTV images (Evidence No. 23) in parks;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

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 shall be considered for the reasons for sentencing):

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (any special circumstance in which the accused is unable to impose an order to attend a lecture on a disabled person who has been judged at Grade II with a mental disability, and deemed impracticable to effectively implement an order to attend a lecture necessary for the prevention of recidivism;

1. There is a risk of re-offending of a sexual crime, such as the fact that the defendant is an initial offender who has no criminal record, in general, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

It is difficult to conclude that the defendant has an effect to prevent recidivism only with the registration and protection observation of personal information.

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