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(영문) 서울중앙지방법원 2018.09.14 2018고합344
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【Criminal Force” On November 30, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for interference with business by the Seoul Southern District Court, and the judgment became final and conclusive on December 7 of the same year, and completed the execution of the sentence in the lawsuit of the first intersection of the North Korean Branch on July 22, 2017.

【Criminal facts in the state that the Defendant lacks the ability to discern things or make decisions due to mental disorders, and around February 6, 2018, around 13:55, the Defendant committed an indecent act against a minor under the age of 13, who was under the age of 13 in response to the victim E (the age of 8) who was under the age of Hashed together with Hashed in D in the front India located in Yongsan-gu Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on internal investigation, a stenographic record of statement of damage, and a criminal investigation report (Attachment to photographs by capturing CCTV video data installed around the scene of the crime);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (verification of the date of release related to suspect repeated crimes, etc.), and statutes;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles subject to an order of disclosure or notification;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information, the Defendant is subject to Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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