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(영문) 서울남부지방법원 2015.12.11 2015고합387
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

At around 15:20 on July 2015, the Defendant, as a grade 1 of the intellectual disability of mental retardation, was unable to discern things or make decisions, and around 15:20 on July 20, 2015, the Defendant was faced with the victim E(7 years of age) who was seated in D Park in Gangseo-gu Seoul Metropolitan Government, and was able to write down his/her own hand and rhy for his/her own hand, and refused to “ma”, but the Defendant again turned the victim’s right chest with his/her left hand.

Accordingly, the defendant committed indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement recorded in the video CD;

1. A written statement;

1. Application of Acts and subordinate statutes to the place of crime, photograph, record, and copy of resident registration;

1. Article 7 (3) of the Act on the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning facts constituting an offense;

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act for statutory mitigation;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Penalty fine of 10,000,000 won to be suspended;

1. Article 70 (1) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act of suspended sentence;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the special circumstances warranting not to impose a order to complete a program, considering the details and circumstances of the crime, the character and conduct of the defendant, the level of intellectual property, and criminal records

1. The age, occupation, family environment, social relative relationship, criminal record and the risk of re-offending as shown in the record, pursuant to 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, exempted from disclosure and notification orders, shall not be deemed to pose a significant risk of re-offending;

In full view of various circumstances such as the profit and preventive effect expected by an order of disclosure or notification, and the disadvantages and side effects resulting therefrom, the personal information of the accused is the personal information of the accused.

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