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(영문) 광주지방법원 2020.01.08 2019고단4449
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 21, 2019, at around 21:05, the Defendant was seated in the C Hospital emergency room located in Gwangju-gu, Gwangju-gu, and when the Victim D (the nurse, the nurse, and the age of 24) was killed of a patient who was faced by the Defendant’s invasion, the Defendant was living together with the victim’s right side gate and her mar on two occasions, respectively.

Accordingly, the Defendant committed an indecent act on the part of the victim.

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 photograph CCTV images;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – Reasons for sentencing favorable to the defendant: The fact that the defendant admits his mistake, agreed with the victim, the defendant's health condition is not good; the defendant was sentenced to eight months for the crime of obstruction of performance of official duties and committed the crime of this case during the repeated crime period on May 2016; the defendant has the record of being sentenced to imprisonment for the same kind of crime in 2013; and the defendant has the record of being sentenced to punishment for the same crime in 2013; and the defendant has a record of being convicted of the defendant on the criminal facts stated in the judgment that he/she should file for registration of personal information, and is obligated to submit personal information to the related agency pursuant to Article 43 of the same Act.

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