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(영문) 광주지방법원 2014.05.21 2014고단244
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant became aware of the victim E (the age of 42) who is a patient at the D Hospital located in Nam-gu Seoul, Nam-gu, Seoul, where he was hospitalized as a disabled person with mental disability of the second grade.

1. From October 15, 2013 to October 25, 2013, the Defendant committed a crime between around 15, 2013 and around 25, at around 18:00 between around October 15, 2013 and around 25, the Defendant forced the victim to commit an indecent act by force, by making the victim’s her her meast, which was frighted by smoking tobacco at the nearest area of the hospital and was listed as the hospital stairs.

2. On October 2013, the Defendant committed the crime at the end of the period between October 25, 2013 and around the end of the period between October 25, 2013 and around the end of the period between October 25, 2013, the Defendant committed an indecent act by force on the part of the victim, by the method stipulated in paragraph 1.

3. On November 2013, 2013, the Defendant committed an indecent act by force on the part of the victim, by making the victim’s her mare, only once in one manner as stipulated in paragraph (1), within the early sunrise of the parking lot adjacent to the Do Hospital, as the Defendant, in early November 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. When a conviction on a sex offense subject to registration of personal information under Article 62 (1) of the Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a competent police office pursuant to Article

An order to attend a lecture, an order to disclose, or an order to notify shall not be issued, or personal information shall be subject to an order to attend a lecture, in full view of the mental health status, age, records of the crime, details and motive of the crime, methods and consequence of the crime, the degree and expected side effects of the defendant's disadvantage due to the above order, the preventive effect of the sexual crime subject to registration, the effect of protecting the victims, etc

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