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(영문) 서울동부지방법원 2017.06.09 2016고단3194
강제추행
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 August 5, 2016, at around 02:00, the Defendant, in the E Hospital Head Office 705, was hospitalized in Songpa-gu Seoul, Songpa-gu, Seoul, for drinking alcohol and water exemption, and released without permission in a state of disturbing the floor of the hospital, and the Defendant’s care victim F (V, 27 years of age) was prevented from committing the Defendant’s act.

In a state that the defendant lacks the ability to discern things or make decisions by taking advantage of alcohol and exemption from water, the defendant is present at the entrance door of the first floor of the above hospital and the 7th floor corridor of the above hospital in around 02:40 on the same day.

The inside may die, and the two times this may result in the death.

In this context, we can die by her g, which is a nacer.

B. Whether, if a sexual intercourse is made, the amount of injection will be reduced

R. Doz. L. L. Doz.

"Along with the victim's her words, the victim's her lab with the Defendant's lab, her lab with the victim's lab, the victim's lab seems to be her her lab, and the victim's lab with his her lab, thereby committing an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

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

1. G statements;

1. Application of Acts and subordinate statutes to copies of treatment records;

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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

1. Various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, and disadvantages and side effects therefrom, etc.

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