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(영문) 대구지방법원 2020.09.04 2020고합215
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to stimulative disorder:

The Defendant is a person who is hospitalized in C Hospital located in Daegu Dong-gu, Daegu-gu, from the early police officer on March 2020, and is aware of the face of the victim D (V, 14 years old) who is hospitalized in the above hospital.

On March 15, 2020, at around 07:42, the Defendant discovered the above victim in order to return the food board after eating at the center of the fourth floor of the above hospital, committed an indecent act by force against the victim who is a child or juvenile by finding out the victim, committing an indecent act against the victim, following the victim, and making the victim's right chest part of the victim's right chest one time with the victim's hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report the 112-reported statement of the police report to D, to process the 112-reported statement, to capture photographs of CCTV images (the analysis of CCTVs related to victims);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Articles 10(2) and 55(1)6 of the Criminal Act for mitigation of mental disorders (in full view of the details and details of the instant crime, the Defendant’s medical records and written diagnosis, etc., it is deemed that the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to polar disorder at the time of committing the instant crime)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) have no record of criminal punishment for sexual crimes, and the registration of personal information against the Defendant alone.

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