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(영문) 부산지방법원 동부지원 2018.03.14 2017고단2704
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant lacks the ability to discern things or make decisions due to intellectual disability.

1. Crimes against victims C;

A. On March 13, 2017, around 09:15, the Defendant: (a) discovered the victim C (V) in the same bus located in the same bus after boarding the D bus at the bus stops located in the city-gu bus No. 2 located in the city-gu bus stop located in Busan Metropolitan City, Busan Metropolitan City. On March 13, 2017; and (b) committed an indecent act against the victim by taking the victim’s grandchildren, which were installed in the back door by the victim’s rear side.

B. On May 22, 2017, the Defendant: (a) on board a bus around 09:20 on May 22, 2017, discovered the above victim in the same bus; and (b) committed an indecent act against the victim by taking the victim’s losses and losses of the bus.

2. On April 2017, the Defendant: (a) boarded the D bus at the same place as No. 1(a) of the No. 1:00 am on F, and discovered the victim F (n, 25 years of age) in the same bus; (b) avoided the victim’s loss who seeks to obtain the Dac and the Hac; and (c) committed an indecent act against the victim by taking another hand of the victim.

3. On April 2017, the Defendant committed the crime against the victim G: (a) boarded the bus in the same bus at the same place as that of No. 1:00 on a non-days No. 1(a); (b) discovered the victim G (n) in the same bus; and (c) knife the victim’s hand with the bus pole that the victim would have knife; and (d) committed an indecent act against the victim by knifeing the victim’s hand.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made with respect to C, G, and F;

1. Application of Acts and subordinate statutes to an investigation report (in relation to a seizure warrant reply), an investigation report (Comparison of the date and time of crime and the details of transportation cards using a suspect), an investigation report (Attachment to a medical certificate);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. Statutory mitigation;

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