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(영문) 서울중앙지방법원 2017.10.27 2017고합958
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

While the Defendant lacks the ability to discern things or make decisions due to intellectual disability 1, the Defendant: (a) took care of the Victim D (the name, the age of 10 at the time, and the age of 10) from the victim walking in the front of Gwanak-gu Seoul Special Metropolitan City around March 14, 2017; (b) took care of the victim, while walking in the front of Gwanak-gu Seoul Special Metropolitan City around March 14, 2017; and (c) took care of the victim.

Doz. Doz. Doz.

“I am and bling a horse.”

After that, the Defendant: “A” refers to the victim’s entry; “E” in the above C entered the alley in front of the well-being of the “E” childcare facility; and the victim, who frighted therefrom, said that “I am on the part of the son, and I am on the part of the son, I am on the part of the son, and

However, the victim did not respond to this, and caused the defect that "the victim must go to the driving school", and caused the victim to spare his own arms, and committed an indecent act against the victim under 13 years of age by force.

Summary of Evidence

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

1. Records of statements made by victims;

1. Investigation report (Analysis of CCTVs at the scene of crime) (Application of photographic pictures, video CD-related Acts and subordinate statutes to disabled persons;

1. Relevant Article 7 (5) and (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 concerning criminal facts;

1. The defense counsel for the mitigation of mental and physical weakness is unable to memory under the influence of liquor at that time;

Although claiming that the defendant was in a state of mental and physical weakness, as long as the defendant acknowledges the mental and physical weakness due to intellectual disorder, it is not judged separately.

Articles 10(2), 10(1), and 55(1)3 of the Criminal Act

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. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the accused shall be subject to the first degree of intellectual disability to treat sexual assault.

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