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(영문) 광주지방법원 2017.09.15 2017고합308
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

The defendant is a man who has lost the ability to discern things or make decisions due to the fact that he has made editing.

On June 20, 2017, around 09:30, the Defendant committed an indecent act by force against the victim E (math, 1999, 17) in front of the treatment room located in Seo-gu, Seo-gu, Gwangju, and “D hospital” five floors, following the gap in which the victim E (math, 199, and 17 years old) is divided into two parts of the other victim’s relationship with this mother, and the Defendant committed an indecent act by force against the victim by extending the victim’s breast part of the victim’s chest back to one time as clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Investigation report (referring to circumstances, etc. of arrest of flagrant offenders);

1. Points of mental and physical weakness: Application of statutes in a written opinion;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act 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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In special circumstances where the Defendant is unable to impose an order to attend a lecture on the Defendant when considering the fact that the Defendant appears to have difficulty understanding of the meaning of taking lectures for sexual assault treatment due to editing and reproduction, etc., the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

[Determination]

1. 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 (the Defendant has no record of committing a crime against the Defendant, and the Defendant committed a crime under the mental and physical weakness due to the editing depression, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, as well as the degree and foreseeable side effects of the Defendant’s disadvantage due to the disclosure order and notification order, and the effectiveness of preventing sexual crimes subject to registration and protecting victims from sexual crimes subject to registration.

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