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(영문) 전주지방법원 2018.06.15 2017고단2522

준강제추행

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 27, 2017, at around 01:20 on October 27, 2017, the Defendant was hospitalized in C Hospital C Hospital B, 509, which is the guardian of another patient, for the treatment of urology, and the victim D (50 years of age), who is the guardian of the other patient, was living in the care room B of the other patient, was living in a simple bed for the guardian of the other patient (hereinafter referred to as the “victim”).

Accordingly, the defendant committed an indecent act by force against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

Application of the police statement law to the defendant's legal statement D

1. Article 299, Article 298 of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 and the main sentence of Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;