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(영문) 춘천지방법원 2015.04.10 2015고합9
미성년자의제강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 3, 2014, the Defendant, in the state of mental disability caused by intellectual disorder, in the spring elementary school playgrounds located in 220-10, Switzerland-si, Chuncheon-si, Chuncheon-si on May 3, 2014, reported that the victim C (the 8 years old), the victim D (the 7 years old and the 7 years old) was influence, and led the victims to commit an indecent act.

Accordingly, the Defendant forced the victims to unfortunateed the losses of the said victims, which the victims called “equitable,” and were knicked by hand, and forced the victims to unfortunate the losses of the said victims in the same manner as the victims D, and again used the victim C’s bucks as his hand.

Accordingly, the defendant committed an indecent act against a minor under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the victims recorded in each video recording of the victims C and D, and each lecture room for women and children's children's centers (Stenographic records);

1. Investigation report (specific suspect-related to uniforms at the time of committing the crime), (related to the face of a suspect's photograph);

1. Application of the Acts and subordinate statutes to photograph clothes taken by the suspect at the time of committing the crime;

1. Relevant Articles 305 and 298 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Mitigation of mental disorders under Articles 10 (2) and 55 (1) 3 of the Criminal Act (class II of intellectual disability);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes committed by a minor against C with heavy penalty)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendant exempted from an order of disclosure or notification shall be the defendant in consideration of his/her age, character and conduct, criminal records, occupation, home environment, and social relationship under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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