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(영문) 대구지방법원 2019.08.16 2019고합234
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person with a intellectual disability of the second degree.

At around 10:25 on May 10, 2019, the Defendant started from the Seocheon-si, Seocheon-si, Seocheon-si, and moved to the B urban bus that was operated on the side of the Defendant and was seated in the Defendant’s seat while moving to the B urban bus located in Yongcheon-si, Yongcheon-si, the Defendant met approximately one minute of the victim C (Ga name, n, 15 years old)’s right bucks by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (including Nos. 4 and accompanying materials), investigation report (including evidence list Nos. 6 and accompanying materials);

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (it is difficult to readily conclude that there is a risk of recidivism or recidivism against a defendant on the grounds that the defendant has no record of being punished for a sexual crime prior to the crime in this case). In addition, taking full account of the following: (a) the adverse and anticipated side effects that the defendant may suffer due to an order to disclose or notify information on the defendant; (b) the defendant’s age, occupation, family environment; (c) social relationship; and (d) the motive, means,

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Addenda to the Welfare of Disabled Persons Act.

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