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(영문) 대구지방법원 2017.06.22 2017고단2375
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, with intellectual disability 2, committed an indecent act against the victim’s will against the victim’s will in a manner that, on March 21, 2017, deemed that the Defendant Do (Gu E) located in Daegu-gu, Daegu-gu, was able to discern things or make decisions with weak intellectual disability 3:05 around 13:05, in light of the method that the victim F (22 tax and female) feel her desire to take care of his/her her son’s son’s son’s son’s son’s son’s son’s son’s son

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to investigation reports (the counter-investigation of the head of G division dispatched from subway D sites);

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 to attract a workhouse;

1. The proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program, and the Defendant is deemed unable to expect the educational effect of the order to complete a program at class 2 with intellectual disability. 1. Where the conviction of the Defendant is finalized on the criminal facts in the judgment that the Defendant is a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 thus, the Defendant is obligated to submit personal information to the relevant agency pursuant to

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

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