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(영문) 대전지방법원 서산지원 2017.01.19 2016고합58
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

[criminal record] On October 22, 2015, the Defendant was sentenced to a suspended sentence of two years for August 30, 2015, for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) at the Seosan Branch of the Daejeon District Court, and the said judgment became final and conclusive on October 30, 2015.

[2] The Defendant committed the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to shock and behavior control disorder caused by the climatic cerebral cerebral Bribery as a physically handicapped person 4.

On October 201, the Defendant committed an indecent act by force against minors under 12 years of age on a total of 14:00 on the following occasions within the “D Library” located in Jin-si, Jin-si, 14:00, following the victim E (nive, 9 years of age at that time) of the victim E (nive, the Defendant 1) who was seated and read his book, and committed an indecent act on the victim’s chest by her own hand. From that time until August 2015, the Defendant committed an indecent act against minors under 13 years of age in total by force until August 2015, including the victim’s 12 years of age, within the F church located in Jin-si, G (nive, 6 years of age at that time) from that time, and the victim’s attempted to sell, and then, attempted to commit an indecent act by force from that time to the victim’s 13 years of age, including the Defendant’s attempted indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, E, I, J, and K;

1. The expert opinion on each recorded stenographic record (L, M, N,O, P, Q, R, S, G, and T) and each child disabled person's sexual assault case;

1. A certificate of persons with disabilities, a certificate of disability, a medical certificate, and an outpatient medical records, etc.;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal records;

1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which are applicable to the facts constituting an offense, and Article 298 of the Criminal Act (the fact that a minor under 13 years of age is forced to commit an indecent act;

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