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(영문) 수원지방법원 안양지원 2016.09.23 2016고단173
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 10, 2015, the Defendant: (a) was moving from the 1st floor recovery room of D Hospital C located in Namyang-si, Namyang-si, the Defendant discovered the victim E (the 42 years old) who was in a spons with the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of witness E in the second public trial protocol;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Each investigation report, investigation report (the case of a clinical investigation report at the D Hospital), and investigation report (the case of a suspect at the time of committing the crime);

1. On-site photographs and on-site confirmation photographs;

1. Application of the Acts and subordinate statutes to the structural map of inland view;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. As to the Defendant’s assertion of mental and physical weakness under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant and the defense counsel had a mental and physical weakness by the Defendant at the time of committing the instant crime due to drinking and anesthesia

The argument is asserted.

According to the records, the Defendant was in a state of drinking alcohol dependence before committing the instant crime, and the Defendant was in a state of drinking alcohol even prior to committing the instant crime, and the Defendant was not only from the time when he was broken from anesthesia to the WIG. Thus, in full view of all circumstances, such as the background of the instant crime, the details and manner of the instant crime, and the Defendant’s behavior before and after the instant crime, which can be known by the records, the Defendant was in a state of lacking the ability to discern things or make decisions due to drinking or anesthesia at the time of the instant crime.

It does not seem that it does not appear.

Therefore, the above argument is not accepted.

Sentencing is based on the sentencing guidelines.

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