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(영문) 수원지방법원 2016.03.22 2015고합639
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Criminal facts

Around September 25, 2015, the Defendant: (a) completed a private teaching institute in Suwon-si, Suwon-si, Suwon-si, Sinwon-si, Sinwon-si, and found the victim D (10 years of age) who returns to his/her home together with other students; and (b) followed the victim, her knife his/her knife and knife his/her knife knife with his/her knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. D stenographic records;

1. E statements;

1. A police investigation report (including data attached to data, such as site conditions, the use of police gear, black image data, victim's statement and analysis data) (including data attached to data);

1. An expert opinion on the statement and analysis of child sexual assault cases;

1. Video-recording CDs (original, g.) in the victim’s statement, and black and video data CDs;

1. Application of Acts and subordinate statutes to output screen pictures and moving pictures to the scene where the injured party is in motion;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) to mitigate mental and physical weakness;

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 in favor of the defendant among the grounds for sentencing);

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the above circumstances)

1. The gist of the argument is that the Defendant, at the time of committing the instant crime, was found not guilty, because he was in a state that he had no capacity to discern things or make decisions.

2. Determination

A. The mental disorder stipulated in Article 10 of the Criminal Act is a biological factor and needs to be judged as lacking or reduced in the ability to distinguish things due to such mental disorder, other than mental disorder, such as mental, mental, or abnormal mental condition, as well as mental disorder. Therefore, there is a mental disorder.

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