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(영문) 수원지방법원 평택지원 2014.04.23 2013고합164
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, with a disability of class II with intellectual disability, lacks the ability to discern things or make decisions;

1. On August 26, 2013, around 17:25, a person commits an indecent act against a child or juvenile victim by force by deceiving the victim’s chest by his/her hand after reporting that the victim’s E (neither female nor 15 years of age) flows out from a public toilet for male and female cafeteria in Ansan-si C, and making the victim’s chest unsatisfy with his/her arms;

2. On September 10, 2013, around 19:20 on September 10, 2013, the victim G (n, 14 years of age) was in the front of F apartment in the elevator, and the victim G (n, 14 years of age) was able to board the mixed elevator, and the elevator prevented the victim from getting off from the elevator, and then cut off the victim’s knife below the victim’s knife, included the part in the part below the victim’s knife, and

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement made by the police officer about E and G;

1. Each image of a photograph of the damaged field;

1. Application of Acts and subordinate statutes stating a copy of a registration certificate for disabled persons;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of applicable laws and punishment for the crimes;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes as provided for in Article 2 of the Judgment No. 1995, Dec. 2, 199)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2), the main sentence of Article 21 (3), Article 21 (4), subparagraph 2 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59 of the Act on Probation, Etc.;

1. The age, occupation, family environment, social ties of the accused recognized as recorded, criminal record, and the risk of recidivism (criminal punishment record) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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