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(영문) 대전지방법원 논산지원 2018.04.24 2018고단1
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four 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

The defendant is under hospital D in Category C, which was given to Grade II mental disorders, and is a victim E (n, 46 years of age, mental disorders class 2) who was hospitalized in the above hospital in the Do.

The Defendant discovered a victim who was diving due to mental illness, such as a efficial illness, through a door opened in the protection room of the above D Hospital around July 22, 2017, and found the victim into the protection room on July 22, 2017, and kisced the victim.

Accordingly, the defendant committed an indecent act by force using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F (electronic summary);

1. Statement of the police statement related to G;

1. A report on internal investigation (Attachment, etc. to CCTVs of aD hospital), and photographs of a CCTV-fashion;

1. Application of statutes governing certificates of persons with disabilities;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the punishment of imprisonment;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the special circumstances in which the accused is unable to impose an order to attend a course on the accused considering the fact that the accused suffers from mental illness, such as a mental disorder of Grade II and a bipolartic disorder, and a editing tidal wave);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (no record exists for the accused to be punished for a sex crime, and the motive for the instant crime, the course of the instant crime, etc. is likely to repeat a sexual crime committed by the accused in general;

In full consideration of the difficulties to conclude, there are special circumstances in which disclosure of personal information shall not be disclosed.

b)the decision;

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