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(영문) 의정부지방법원 고양지원 2019.07.23 2019고합110
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The Defendant, as a mentally disabled person with mental disability of Grade II, lacks the ability to discern things or make decisions. On April 28, 2019, around 11:06, the Defendant committed an indecent act by force by forceing the victim’s grandchildren on his/her hand by forcing him/her to use his/her sons.

Summary of Evidence

In light of the relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Application of the Medical Records, Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 10(2) and (1), and Article 55(1)3 of the Criminal Act / [In full view of the spirit, diagnosis, and medical record as a mentally disabled person with mental disability / from 1980 to 30 years before the crime of this case, it can be known that the defendant has shown symptoms of chronic dynamicly - such as exchange, damage, and anti-human challenge, etc. for 30 years before the crime of this case, and repeated hospital treatment. In light of the content and contents of the crime of this case, the defendant committed the crime of this case, before and after the crime, and attitude of the defendant's statement in court, it is deemed that he/she committed the crime of this case under the category of imprisonment with labor for mental or physical disorder / [Article 210 to 5(1) of the Act on the Protection of Children and Juveniles

1. General standards:

(d) a sex offense against a person under 13 years of age;

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