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(영문) 인천지방법원 2017.05.31 2017고단220
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant committed the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to the trophal cerebral cerebral Bribery, etc.:

1. On December 20, 2016, around 06:00, the Defendant committed an indecent act by force on the part of the victim, on his own hand, on the part of the Defendant, in order to measure the physical temperature of the victim E (n, 33 years of age) of nursing in the Nam-gu Incheon Metropolitan City, and in the D Hospital 502 heading room, the victim E (n, 33 years of age) was the hospitalized patient.

2. On December 20, 2016, at the place indicated in paragraph 1 around 06:30 on December 20, 2016, the Defendant committed an indecent act by force against the victim by putting the victim’s chest on his/her own hand, booming the victim’s body in order for the said victim to remeasurement the Defendant’s body temperature.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of the statement concerning the F;

1. Application of Acts and subordinate statutes of recording (F);

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In light of the medical records and the details of medical benefits on the Defendant exempted from the order to complete the program, and the Defendant’s words and attitudes seen in the investigation agency and this court, it appears that the Defendant is receiving a long-term treatment due to a mental disorder caused by a physical disease, such as an ambiguous cerebral dyssis, brain damage, etc., after undergoing the surgery at around 209.

In light of such Defendant’s health condition, there are special circumstances in which it is impossible to impose a defendant an order to complete a program under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc.

It does not impose an order to complete the program.

subject to registration of personal information, which shall be registered.

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