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(영문) 의정부지방법원 2020.02.07 2019고합379
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

To the extent that the defendant's defense right is not substantially infringed, the phrases of the facts charged were revised according to the results of the examination of evidence.

Defendant was sentenced to three months of imprisonment with prison labor for special larceny, etc. on June 23, 2017, and six months of imprisonment with prison labor for special larceny, etc. on October 23, 2017, and completed the execution of each of the above punishment on June 7, 2018.

The defendant is a male-child group in the second degree of intellectual disability and in the victim B (n't, 18 years of age).

The Defendant, while having weak capacity to discern things or make decisions due to the foregoing disability, entered the victim's home and his/her home living together with the victim's words and phrases from June 7, 2018 to November 7, 2018, where he/she had the victim's own chest, and met the victim's chest with his/her own chest.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records or recording notes of the statement of a victim;

1. On-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as an investigation report (pre-trial records and confirmation of a suspect), criminal history records, etc.;

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 relevant criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Grounds for sentencing under 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, who are exempted from disclosure and notification orders;

1. Scope of punishment by law: One to twenty-five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) shall be the general standards for sex crimes (the objects of 13 years of age or older).

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