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(영문) 부산지방법원 2017.11.03 2017고합383
강제추행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant has committed the following crimes under the state that he/she lacks the ability or intent to discern things due to mental or physical disorder caused by the early illness:

1. On May 30, 2017, around 17:25, the Defendant committed an indecent act by force against the victim, following the victim E (n, 20 years of age) who walked a D’s book located in Geum-gu, Busan (n, 20 years of age) on May 30, 201.

2. On May 30, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) committed an indecent act by force against the juvenile, following the victim F (F) who was walking up a slope going to the ground on the D’s lives as indicated in paragraph (1) on May 30, 2017, by inserting the victim’s lives in his/her hand, and by making the victim’s left hives and buckbucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

112 Application of Acts and subordinate statutes to certificates of 112 reported case handling lists, field photographs, medical certificates, certificates of entrance and discharge, and copies of certificates of medical records;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 298 of the Criminal Act concerning the selection of punishment, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (the point of committing an indecent act against children and the choice of fines);

1. Articles 10(2), 10(1), and 55(1)6 of the Criminal Act to mitigate mental and physical weakness [Article 10(2), 10(1), and 55(1)6 of the Criminal Act (see, e.g., Supreme Court Decision 88, 92, 192; 2.) of the following circumstances known by each of the aforementioned evidence; 1) the Defendant has been receiving mental and physical therapy due to symptoms, such as crying from early December 2010 to early May 31, 201, and was hospitalized four times from July 31, 201 to June 20, 2015; and 3:5 hours from May 31, 2017 to June 20, 2017; 3:5 hours from around April 13, 2015; and 4:7:5 hours from around the instant crime.

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