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(영문) 수원지방법원 2017.02.09 2016고단6735
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 20, 2016, the Defendant: (a) committed an indecent act by force against the victim by inserting his hand in the studs of the victim D (the studs, the 24 years old) with the fingers of the victim D (the studs, the studs, the studs, the 24 years old) in the stairs coming from the C underground level around 02:30 on October 20, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of fines;

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

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

1. As to the Defendant’s assertion of mental and physical weakness under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant’s defense counsel was in a state of mental and physical weakness due to mental disorder, such as a boundary intelligence and the overall development disorder of unknown situations at the time of committing the instant crime.

Therefore, according to the records, it is acknowledged that the defendant received medical treatment due to the overall development of boundary intelligence and unknown circumstances, but in light of the background leading up to the crime of this case, the method and method of the crime, the behavior at the time of the crime, and the circumstances before and after the crime, etc., the defendant does not seem to have reached a state where he lacks the ability to discern things or make decisions due to mental disorder at the time of the crime. Thus, the above assertion is rejected.

Although the reason for sentencing is not good in light of the form and content of the instant crime, considering the following factors: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant is the primary offender; (c) the Defendant’s primary offender; (d) the injured party does not want the Defendant’s punishment by mutual agreement with the victim; and (e) the overall development disorder of the Defendant’s boundary intelligence and unknown whereabouts; and (e) the sentencing conditions indicated in the record, such as the Defendant’s age, sex behavior, environment, background of the crime, circumstances after the crime, etc., are comprehensively taken into account.

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