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(영문) 수원지방법원 2016.05.03 2015고합720
아동ㆍ청소년의성보호에관한법률위반(강제추행)
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

Around October 28, 2015, the Defendant: (a) was a person with a intellectual disability 1st degree with weak ability to discern things or make decisions; and (b) around October 28, 2015, the Defendant 16:44, Suwon-si, Suwon-si, Suwon-si, Suwon-si, 15 Dong 1-2 D, the victim D (V, 15 years old) who had the victim's buckbbbbbs, and continued to take the victim's bridge by hand to the victim E (the 15 years old), and kid the victim's buck to the victim's bucks, the victim's buck by hand, and kids, the victim's buck in the victim's buck.

Accordingly, the defendant committed an indecent act against the victims who are children.

The Defendant, 1st degree of intellectual disability 1, who lacks the ability to discern things or make decisions. On December 14, 2015, at around 16:20 on December 14, 2015, the Defendant: (a) 16:20, Suwon-si, Suwon-si, Suwon-si, the first floor of the 15:15; 15; 2 Ra, 13 years of age, sold the victim F (the 13 years of age) who is a juvenile, and attempted to become aware of the victim; (b) 3 years of age, the victim escaped the Defendant and failed to commit an attempted crime.

Summary of Evidence

" 2015 Gohap 720"

1. Statement by the defendant in court;

1. Stenographic records;

1. Investigation report (victim E telephone conversations);

1. 2016, 64, 2016, 2016, 200,000 apartment CCTV images;

1. Statement by the defendant in court;

1. Stenographic records or video CDs recorded in the statement of the victim;

1. Application of Acts and subordinate statutes on CCTV closure data;

1. Article 7(3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the crime committed by compulsion of a juvenile, the choice of imprisonment), Article 7(6) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the attempted crime committed by a juvenile and the choice of imprisonment) concerning the crime;

1. Reduction of mental and physical drugs: Article 10 (2) and Article 55 (1) 3 of the Criminal Act;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 (quality and 50) of the Criminal Code to increase concurrent crimes.

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