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(영문) 전주지방법원 2017.11.02 2017고합122
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

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

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

The Defendant committed the following crimes under the status that I Q 66 was in a state of intellectual disability, and the recognition function is limited to the level of 8 years and 8 months of age, which lacks the ability to solve the problem, and due to the low understanding and judgment of social circumstances, which led to the following crimes under the status that the Defendant lacks the ability to discern things or make decisions.

On February 9, 2017, around 16:34, the Defendant: (a) inducedd the victim D (Inn, 8 years old) who was known to the nearest North Korean Office C apartment stairs; (b) caused the victim to show “twitt”, which is a long sense; (c) caused the victim’s body by the sudden hand; and (d) committed an indecent act by force against the victim by using the victim’s sexual intercourse with the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An expert opinion on child sexual assault case;

1. Application of Acts and subordinate statutes to the internal investigation report (specific date and time of crime, CCTV images recorded, copied CDs attached), CCTV caps and photographs;

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. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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

1. Where a conviction becomes final and conclusive with respect to a sex offense subject to disclosure order or notification order of personal information under Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is a sex offense subject to the registration of personal information to be registered, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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