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(영문) 광주지방법원 목포지원 2019.07.18 2019고합2
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

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 is a person who lacks the ability or decision-making ability to discern things due to a dissatisfic disease that has symptoms, such as summons, loss, degradation of judgment, etc., and is not aware of the victim B (a person, a person, 12 years of age).

At around 15:20 on September 25, 2017, the Defendant, while walking the D-way in Sinpo City C, was trying to commit an indecent act by discovering the victim who is drinking together with his/her her her friend, and the Defendant, in the future, walked the horses "Sandandandandandandandandandandandandandander."

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the victim's video recording and the statement of the victim recorded in two original CDs;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Disabled Persons (amended by Act No. 15904, Dec. 11, 2018); where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is registered, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1)

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