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(영문) 광주지방법원 순천지원 2017.07.06 2016고합222
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2016, from around 09:00 to around 11:00 of the same day, the Defendant had committed an indecent act by reporting the victim E (the family name, the female, the 13-year age) who was a juvenile with his/her birth and play together with his/her children from around 09:0 to around 11:00 of the same day.

In order for the victim to take rest, the defendant sits in the bend scoo, and the defendant laid his hand over to the bend panty of the victim, and became the panty of the victim.

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Investigation report (the details of the receipt of the case), investigation report (the attachment of on-site photographs and confirmation as to whether the integrated control center takes ctv on-site photographs);

1. Application of Acts and subordinate statutes governing the integrated support for sexual assault victims;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (only in special circumstances where an order to attend a course cannot be imposed because the defendant is aged 83 years or older and his/her health status is not good);

1. 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 (the defendant has no particular criminal record) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

In addition, considering the defendant's age, environment, health status, family relationship, and effect of prevention that can be expected as an order of disclosure or notification, and various circumstances such as the degree of disadvantage to the defendant's suffering and anticipated side effects, there are special circumstances where disclosure or notification of the defendant's personal information should not be disclosed or notified) and the defendant's defense counsel's assertion.

1. The summary of the assertion is the victim's right to be informed of the victim's side, but the victim's right to be informed.

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