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(영문) 대구지방법원 2018.01.19 2017고합521
강제추행등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 25, 2017, the Defendant: (a) 19:20 on October 25, 2017, when the disabled in class 2 of intellectual disability 2 lacks the ability to discern things or make decisions; (b) the victim E (A), who was towing and walked around D in Daegu-gu, Daegu-gu; (c) 18 years of age, was her own hand, and the victim’s her her her her her her her her her her her her her her her part was forced to commit an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Under Articles 10(2) and 10(1), and 55(1)6 of the Criminal Act, the Defendant committed the instant crime in a state where the ability to discern things or make decisions is lacking due to intellectual disorder, taking into account the details and methods of the instant crime as indicated in the records and pleadings, the Defendant’s behavior before and after the instant crime, and the Defendant’s attitude or details of the Defendant’s statement;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Subject to Imposition of Order to complete a program (applicable in exceptional circumstances where the Defendant is unable to impose an order to complete a program because it is difficult to expect an effect on a program as a

1. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) the Defendant’s age, occupation, family environment, social ties; (e) the background and progress of the crime; (e) the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure/disclosure order; (e) the preventive effect of sexual assault crimes subject to registration that may be achieved therefrom; and (e)

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