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(영문) 대구지방법원 2017.11.24 2017고합398
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant

In addition, the claimant for the observation order to be protected (hereinafter referred to as the "defendant") is a person who has lost the ability to discern things or make decisions due to the man's negligence.

On August 3, 2017, around 18:50 on August 3, 2017, the Defendant committed an indecent act against the victim, who was a child or juvenile, a child or juvenile, who was walking on the road before the Defendant, on his/her own hand, committed an indecent act against the victim, who was a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 selection of the relevant criminal facts;

1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant was in a state of mental and physical weakness at the time of committing the instant crime.

Recognized.

① Since April 2010, the Defendant had received hospital treatment and outpatient treatment several times due to her on-site illness. At the time of committing the instant crime, the Defendant was receiving hospital treatment.

② After committing a crime, medical doctors E diagnosed the Defendant to need continuous observation and treatment in the future as symptoms continue to exist, such as the recovery and accident disorder, impulse behavior, degradation of judgment, etc. due to early illness despite continuous treatment.

③ At the time of committing the instant crime, the Defendant was born the victim’s chest with the victim’s own grandchildren.

In addition, examining the defendant's investigative process, the contents and attitude of the statement in the court, etc., it is difficult to see that the defendant's speech and behavior is a person with a normal mental condition.

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 21(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall apply to the observation and treatment order for protection;

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