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(영문) 서울북부지방법원 2019.07.12 2019고단116
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:00 on December 26, 2018, the Defendant committed an indecent act by force against the victim by putting his son D (V, 24 years old) of the victim D, who is the nurse, one hand, while the Defendant was hospitalized in the 5th nurse room in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of D and E;

1. A complaint filed for DNA preparation;

1. Application of Acts and subordinate statutes to report on accidents involving employees and telephone interview records;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 62-2 (1) and (2) of the Criminal Act, Article 44-2 (1) and (2) and subparagraph 1 of Article 2-3 of the Medical Treatment and Custody, etc. Act;

1. The grounds for sentencing under Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3 of the Act on Welfare of Persons with Disabilities appear to be a substitute for the instant crime and reflects the wrongness of the Defendant. In light of the circumstances favorable to the Defendant, the instant crime is committed by the Defendant without any specific reason in the course of hospitalization for treatment of alcohol dependence, and the Defendant’s indecent act without any specific reason appears to have been committed by the nurse, and thus, the sexual humiliation or mental shock of the victim was deemed not to be negligible. In addition, the Defendant’s age, character, environment, health conditions, criminal records, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, especially if the Defendant did not receive proper treatment in the future due to alcohol dependence, the risk of recidivism is likely to be high, as indicated in the order.

With respect to the facts stated in the judgment of personal information registration.

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