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(영문) 서울남부지방법원 2013.08.20 2013고단1752

강제추행등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

A defendant takes 40-hour course necessary to prevent recidivism of sexual crimes.

Reasons

Punishment of the crime

The Defendant committed any of the following crimes under the status that the Defendant was unable to discern things or make decisions due to dementia:

1. On May 26, 2013, around 06:40, the Defendant, in front of the D’s “D” store located between the Geumcheon-gu Seoul Metropolitan Government C Apartment 1316 Dong-dong and 1318 Dong, had the victim E (man, 69 years old) drinked, prevented the victim from resisting the victim’s her home at the rest of the shelter, thereby committing an indecent act by force by force, by drinking the victim’s chest.

2. On June 2, 2013, at around 08:00, the Defendant destroyed the following: (a) on the ground that she no television in the front corridor No. 1318, 502 of the above C Apartment No. 1318, 2013, and the market price of the victim F-owned No. 502 was removed by hand; and (b) on the ground that she removed the shock net No. 502 from the

3. On June 2, 2013, at around 20:00, the Defendant destroyed the market price of the victim F, which was previously located at the front corridor No. 1318, 502, by breaking down two parts of the front door glass door No. 502 on the ground that its television no longer existed in the front corridor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Mental suffering: Application of Acts and subordinate statutes to investigative reports (verification of criminal records and confirmation of amount damaged);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of a punishment, Article 366 of the Criminal Act, and the choice of imprisonment with labor;

1. Articles 10(2) and 10(1) and 55(1)3 of the Criminal Act (as to persons with mental disability and each crime in judgment) of the Criminal Act mitigated by law

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is sentenced to six months of imprisonment or two years of suspended sentence on November 22, 2012, and imprisonment on April 5, 2013 with prison labor for the crime of violating the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) and six months of suspended sentence and two years of suspended sentence.