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(영문) 서울동부지방법원 2017.10.26 2017고단1338
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person subject to registration of personal information shall submit personal information to the head of a competent police agency within 30 days from the date a judgment becomes final and conclusive;

On December 2, 2016, the Defendant was convicted of committing an indecent act by force at the Seoul Eastern District Court, and on December 10, 2016, the said judgment became final and conclusive on December 10, 2016, but was subject to registration of personal information, the Defendant failed to submit personal information to the head of the competent police office without justifiable grounds by January 9, 2017.

2. The Defendant is a person subject to a case at the Mental Health Center, and the victim C (V, 27 years old) is a counselor at the Mental Health Center.

When the Defendant lacks the ability to discern things or make decisions due to excessive circumstances and exchange, the Defendant forced the victim to commit an indecent act on February 14, 2017, such as: (a) around 15:40 on February 14, 2017, at the Defendant’s residence located in SeoulD 201; (b) around 15:40 on February 14, 2017, the victim who visited the victim to provide counseling, and try to have his/her own dancing

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Requesting a person subject to registration of personal information to investigate;

1. A written judgment or a written notice on a person subject to registration;

1. The point of mental or physical weakness in its judgment: To apply an investigation report (related to refusal of medical treatment at a mental hospital, etc.);

1. Article 50 (3) 1 and Article 43 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, Article 298 of the Criminal Act concerning criminal facts;

1. Article 10(2) and Article 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (with respect to forced indecent acts)

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. The reason for sentencing of the proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is shown to be the defendant, and the defendant's mental illness is one of the important reasons for the crime of this case.

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