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(영문) 서울중앙지방법원 2017.10.13 2017고합631
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 11:30 on March 26, 2017, under the state that the Defendant had no ability to discern things or make decisions due to the on-site illness, should change the victim C (36 years of age) and his children, who are juveniles, into the victim D (3 years of age) who is a child, within the electric dynamic car operated from the subway station located in the subway station of 172, Gangnam-gu Seoul, Seoul, to the voltage-gu, Gangnam-gu, Seoul, for the voltage-gu 172.

“In doing so, the victim C who is forced to commit an indecent act by turning the sexual organ of the victim D with his/her hand, and who continues to resist, is also four shot.

“In doing so, the perpetrator’s sexual organ c with his hand committed an indecent act by coercion.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. A report on internal investigation (attaching the table for the handling of reported cases);

1. Application of investigation reports (the other party investigation of the victim, the perusal and investigation of CCTV in the pressure-based stations, the inspection of CCTV in the air defense station, the investigation into persons subject to traffic card companies, the submission of applications for coal and medical certificates), and statutes;

1. Relevant Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 10(2) and 55(1)3 ( mentally and physically weak person) of the Criminal Act to be legally mitigated (the following circumstances acknowledged by the evidence duly adopted and investigated by this court) (i.e.,, the Defendant has been treated with mental and physical therapy due to symptoms, such as cryptism and urine, etc. caused by early 2001; the Defendant received two times prior to the instant case (from September 24, 2002 to November 20, 2002; from May 19, 2004 to October 27, 2004) of the Criminal Act to be hospitalized for more than one month after the instant case (the investigation record95 pages; evidence No. 1 through 5 submitted by the defense counsel); and the Defendant, from September 24, 2016, is unlikely to bring about side effects to drugs.

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