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(영문) 수원지방법원 성남지원 2015.08.20 2015고합127
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 24, 2015, at around 08:00, the Defendant committed an indecent act by force against the victims C (the age of 14) who are going to go to the direction of sexual intercourse 13-1, 1180 way, as the Sungnam-si, Sungnam-si, and on the front side of 1180 way, as well as committing an indecent act by force against the victims by turning to the left hand part of the sexual flag portion of the said victims. From February 24, 2015 to March 27, 2015, the Defendant committed an indecent act by force against the victims over 10 times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, C, and H;

1. Statement of each victim from I and J;

1. Application of the Acts and subordinate statutes to a photographic by cutting a video on the scene of crime;

1. Article 7 (6) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment with labor for each of the following:

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse against I who is the largest offender and circumstances]

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation under Article 62-2 of the Criminal Act;

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 49(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 50(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse, claiming that the defendant was in a state of mental disorder due to the pulmonary disability, developmental disorder, shock disorder

According to the evidence duly adopted and examined by this court, the defendant is recognized as having a pulmonary disorder.

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