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(영문) 대구지방법원 2014.09.18 2014고단3482
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 26, 2014, at the dormitory room of the victim E (at the age of 57) in Yongcheon-si, the Defendant: (a) had the victim’s children to drink F and alcohol, and had been divingd in the victim’s room; (b) had the victim’s desire to commit indecent acts; (c) had the victim’s desire to commit indecent acts; (d) had the victim’s desire to commit indecent acts; and (e) had the victim’s assaulted by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes; Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 50 of the Act on the Protection of Children

1. Where a conviction becomes final and conclusive with respect to the crime of this case in which personal information is registered under Article 334(1) of the Criminal Procedure Act, the Defendant constitutes 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, is obligated to submit the personal information of the Defendant to the head of

In 2012, even though the Defendant was sentenced to suspended sentence due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape, etc. against the disabled), the Defendant again committed the instant sex offense, and the victim has suffered mental impulse and sexual humiliation. Therefore, it is necessary to strictly punish the Defendant.

However, it is decided as ordered by the decision that the defendant is the disabled in the second degree of intellectual disability, the defendant agreed smoothly with the victim, and the defendant's age, tendency, growth environment, circumstances after crimes, etc. are considered.

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