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(영문) 대구지방법원 서부지원 2020.01.14 2019고단1957
강제추행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to five years of imprisonment, one year of imprisonment, and three million won of fine under the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. at the Sungnam Branch of the Suwon District Court on June 28, 2018, and the judgment became final and conclusive on March 28, 2019, and is currently being executed in the Daegu Prison.

【Criminal Facts】

1. On February 6, 2019, around 19:00, the Defendant committed an indecent act by force on the part of the victim C (Grade 28, intellectual disability 3) who was confined together with the victim C (Grade 28, intellectual disability 3) who was under confinement, as he did, during the Gyeonggi-gu Embling period of Gyeonggi-do.

2. The Defendant’s rank around 15:00 on February 15, 201.

In the place indicated in paragraph (1), the above victim was forced to commit an indecent act in a way that the victim's sexual organ is above the victim's sexual organ with the victim's own hand.

3. The Defendant’s rank around 15:00 on February 27, 2019.

b. above at the place described in the subsection.

In the same manner as described in the subsection, the above victim was forced to commit an indecent act.

4. The Defendant’s rank around 15:00 on March 5, 2019.

b. above at the place described in the subsection.

In the same manner as described in the subsection, the above victim was forced to commit an indecent act.

5. The Defendant’s rank around 15:00 on March 11, 201.

b. above at the place described in the subsection.

In the same manner as described in the subsection, the above victim was forced to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on C, D, E, and F;

1. A certificate for disabled persons;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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. As to the facts constituting a sex offense subject to registration, Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be registered and submitted.

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