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Reasons
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(영문) 수원지방법원 평택지원 2019.09.06 2019고단510
강제추행
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:50 on February 21, 2018, the Defendant suffered from mental illness, such as stimulative disorder and stimulative disease, and was unable to discern things or make decisions, and was forced to commit an indecent act by force against the victim, who is a nurse for practical training in the above hospital, in the corridor of the C Hospital emergency room located in Suwon-gu, Suwon-si, Suwon-si on February 21, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of the Acts and subordinate statutes to capture CCTV image data from a flood hospital emergency room in a veterinary hospital;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

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

1. Article 62-2(1) and (2) of the Criminal Act, Article 44-2(1) and (2) and subparagraph 1 of Article 2-3 of the Medical Treatment and Custody, etc. Act (the defendant is a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act as stated in the facts constituting a crime, and has committed an offense entailing imprisonment without prison labor or heavier punishment. In light of the status of the defendant, details of the medical treatment of the defendant, and the details and details of the instant crime, etc., the necessity for the

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Disabled Persons (amended by Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the former Act on Welfare of Disabled Persons against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2

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