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(영문) 광주지방법원 순천지원 2017.12.21 2017고합185

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

The sentence of sentence against the defendant shall be suspended.

Each of the facts charged in this case.

Reasons

Punishment of the crime

The victim C(49) is a person who is engaged in fisheries, and the defendant is employed by the victim and engaged in fisheries, and is the mental disability third degree.

At around 10:00 on October 23, 2016, the Defendant: (a) on the victim’s house located in Da, Goung-gun, Goung-gun on the ground of the Defendant’s transfer to other foreign workers; (b) on the ground that the Defendant’s son’s son’s son’s scam was scambling on the victim’s left hand; (c) knick, which is a deadly weapon (24 cm in length, 14 cm in length) with a bad hand, and threatened with the victim’s scam.

Accordingly, the defendant committed violence to the body of the victim and threatened the victim with a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Application of Acts and subordinate statutes to report on investigation (the photograph of deadly weapons used by suspect A and C);

1. Relevant legal provisions of the Criminal Act, Articles 284, 283 (1) of the Criminal Act (the point of special intimidation, the choice of fines), and Article 260 (1) of the Criminal Act (the point of violence and the choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

1. Article 59 (1) of the Criminal Act (the punishment to be suspended: fine of 700,000 won, and the consideration of favorable circumstances among the reasons for sentencing as follows);

1. The reason for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (100,000 won a day) of the Criminal Act with respect to the instant crime is that the Defendant assaulted the victim and threatened the victim in a knife, and it is not good that the crime is committed in light of the means, method, etc. of the crime.

However, the Defendant appears to have been employed by the victim without receiving a monthly salary between several years with intellectual disabilities as a normal person with disabilities, and there are circumstances to consider the circumstance, since the victim was immediately forced by the surrounding persons immediately after the Defendant committed the instant crime by a person who was scamblingly and contingently.

. Violence;