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(영문) 수원지방법원 안산지원 2014.05.28 2014고합86
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

1. The defendant shall be punished by imprisonment for one year;

2. The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

The Defendant, in the state of having weak ability to discern things or make decisions due to mental retardation or intellectual disorder, was placed behind the elevator of the first floor of the 1st floor of the Masan-si, Ansan-si on February 25, 2014. On February 25, 2014, the Defendant placed the hands in front of the elevator of the 15th floor of the 15th floor of the 15th floor of the Masan-si, Ansan-gu, and her her son was placed into the victim’s school uniforms, and her son

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

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. Application of Acts and subordinate statutes of E;

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 relevant criminal facts;

2. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

3. Order to complete a program under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

4. The reason for sentencing, in full view of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) (a) the Defendant committed the instant crime in a dynamic manner under the influence that the Defendant has the ability to distinguish interest or make decisions; (b) the degree of indecent act is relatively minor; (c) the Defendant has reached the age of 19 years on the side; (d) the Defendant has not yet been punished; and (e) the Defendant’s family relation, the benefits and preventive effects expected by the disclosure or notification order to the Defendant; and (e) the disadvantages and side effects of the Defendant’s personal information disclosure due to such disclosure

1. The scope of applicable sentences: Imprisonment for one year to 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Determinations of types: Sex offense group - Crimes of indecent act by compulsion of general standards (subject to at least 13 years of age) - Type 2;

(b) A special-contribute: A mentally ill-contribute;

(c)Recommend recommendations;

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