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(영문) 인천지방법원 부천지원 2016.08.12 2016고합81
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

The defendant is a disabled person with intellectual disability 2 degree, intelligence index 45 or less, and has weak ability to discern things or make decisions.

On April 23, 2016, at around 14:25, the Defendant: (a) sent mixed singing to the two rooms of “E” located in Kimpo-si D; (b) reported the Victim F (12 years old), the Victim G (13 years old), the Victim H (12 years old), and the Victim H (12 years old), and had the victims enter the two rooms.

The defendant used the head of the victim H in the second room and thodly used the body of the victim H, kidd the victim F's hand, kid the victim's shoulder, kid the victim's body in the second room, kidd the victim's body in the corridor, kidd the victim's body in the second room, kidd the victim's body in the first room, kid the victim's shoulder, and kid the victim's body in the back of the victim's H, and kid the victim's body by continuing to kid the victim's body.

Accordingly, the defendant forced victims who are children and juveniles to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, and H contained in video recording CDs;

1. Application of statutes on field CCTV photographs;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse against the largest victim H];

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 62-2 of the Criminal Act on the observation of protection;

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

1. Article 49(1)1 and 49(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is ordered to disclose or notify;

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