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(영문) 창원지방법원 진주지원 2016.10.18 2016고단725
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, while living at a soup drying 1st floor in Jinju-si, was willing to commit an indecent act against the victim E (fore, 23 years of age, intellectual disability 3), victim F (fore, 28 years of age, intellectual disability 2 level), which was known in Jinju-si.

1. On December 2014, the Defendant committed the crime against the victim E (hereinafter “victim”). On the back of the victim who was taking soup, soup, soup, soup, the Defendant set up the victim’s pursuant to the soup, put the victim’s pursuant to the brush, putting the victim’s chest into the panty line, and putting the victim’s chest into the victim’s panty line.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s state of impossibility to resist.

2. The Defendant committed the crime against the victim F by inserting in the victim’s side, which was being accumulated in the time, time, and place specified in the above paragraph (1) above, the victim’s chest was stored in the victim’s pursuant to the brush, and the victim’s chest was stored in the brush, and the victim’s chest was quickly stored in the victim’s panty.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes on certificates of disabled persons;

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting the crime, and imprisonment;

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

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

1. In light of the Defendant’s age exemption from the disclosure order and notification order under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant’s age, the type, motive, process, consequence and seriousness of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, it is determined that there are special circumstances where personal information may not be disclosed or notified.

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