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(영문) 대전지방법원 2014.11.20 2014고합281
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

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

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The defendant is in the same apartment complex as the victim C(nive, 13 years of age) and was living in the apartment complex, and the above victim is a disabled person of grade 2 of intellectual disability.

On August 5, 2014, at around 15:00, the Defendant: (a) discovered the victim who was in front of the 302-dong, Daejeon-gu, Daejeon-dong, Daejeon-gu, 302-dong, 1302-dong, the Defendant’s house; (b) discovered the victim who was in front of the 302-dong apartment; (c) led the victim to the 13th floor; and (d) led the victim who was enrolled in the 13th floor to the Defendant’s house.

Since then, the defendant, using the fact that the victim's physical disability was closed as a closed space with the victim's intellectual disability and it is difficult for the victim to resist, the defendant spawd the victim's spawd by hand, spawd the spathn, spad the part of each bridge, spad the victim's spathn, and spad with the victim's panty, and spad with the victim's panty.

Accordingly, the Defendant committed an indecent act against the victim who is a child or juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

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

1. The extent of the effects of recidivism prevention through the issuance of a sentence to the accused and the registration of personal information, as well as the degree of disadvantage and side effects expected to be adverse to the accused, due to the disclosure order and notification order, that the accused has no criminal records of the same kind in the case of the accused under the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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