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(영문) 광주지방법원 목포지원 2015.02.16 2014고합215
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions with the second degree of self-harm disorder.

At around 21:00 on October 6, 2014, the Defendant was seated next to the victim D (the age of 15) in the underground reading room located in a wooden c apartment, and the Defendant was her own hand to “I am kyd from a sod elementary school or middle school, and panty chyd chloud.” On his own hand, the Defendant continued to put his hand into the part of the victim even though the victim refused to do so while he did not refuse to do so.

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 D by the police;

1. Application of Acts and subordinate statutes of welfare cards (A);

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 crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 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 suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to cases where a defendant is unable to impose an order to attend a course on him/her, considering the fact that he/she is in Grade II, etc.);

1. In a case where the facts constituting the crime of the judgment on the registration of personal information of the accused are affirmed, in full view of the provisions of 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 (the defendant's primary and mental disorders, and other benefits and preventive effects expected by the disclosure order or notification order, and disadvantages and side effects therefrom, it is deemed that there are special circumstances where the disclosure or notification of personal information of the accused is prohibited).

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