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(영문) 부산지방법원 2016.01.15 2015고합640
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

From August 9, 2001 to the present date, the Defendant is a person with mental disability of Grade III, who has been receiving medical treatment due to extreme static disorder, brain fluoral disorder, mental fluoral disease, etc. in C hospital, medical hospital affiliated with the Dong University, Busan Silsi Hospital, etc.

The Defendant was diagnosed as having physical and mental disorder, brain fluoral disorder, mental fluoral disorder, etc. under the lack of ability to discern things and make decisions due to the foregoing illness. Accordingly, the Defendant was designated as the disabled of Grade III and Grade VI due to the mental disorder and the brain fluoral disease. In addition, in light of the motive of the crime, the background and means of the crime, the behavior of the Defendant before and after the crime, the Defendant’s behavior before and after the crime, the investigation, and the attitude at the trial, etc., at the time of the crime in this case.

It is reasonable to view it.

The following crimes have been committed:

1. On August 25, 2015, around 17:00 on August 25, 2015, the Defendant: (a) committed an indecent act by force against a child on the part of the victim D (V) who was waiting for a bus at the bus bus bus stops located in the Busan Jin-gu Gindong Gindong Gin-dong Hyundai apartment bus bus stops; and (b) on the part of the victim, the victim’s right side mar was mard from her face to her face; and (c) committed an indecent act by force against a child.

2. The Defendant forced indecent act committed an indecent act by force, following the victim E (V) waiting for a bus at the same place around 17:50 on the same day, committed an indecent act by force by force as her son, etc., was used.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act concerning criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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