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(영문) 인천지방법원 부천지원 2017.07.05 2017고단946
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around February 14:53, 2017, when the Defendant lacks the ability to discern things or make decisions due to intellectual disorder, the Defendant was found to have the left chest of the victim C (the age of 16) by his hand at the coffee shop located in Jongno-gu Seoul, Jongno-gu.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (video recording and stenographic records against victims C);

1. Application of the Acts and subordinate statutes governing video CCTV CDs to crime places;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 59(1) of the Criminal Act (a fine of one million won to be postponed) of the suspended sentence were found to have been erroneous, and the investigation and trial are deemed to have been sufficiently reflected.

The defendant has a intellectual disability, pedestrian disability, and the use of his body is not free.

It seems that contingency was contingent and the degree of intention was very weak.

There is no criminal history prior to the instant case.

Family members are thoroughly guiding and protecting to prevent the defendant from working again.

It seems that the same does not apply to recidivism.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be comprehensively considered and judged as ordered.

A judgment of conviction on the crime of indecent act committed in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, and 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 the competent police office pursuant to Article

The age, occupation, risk of recidivism, and type, motive, and motive of the crime of this case, of the defendant exempted from disclosure or notification order.

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