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(영문) 인천지방법원 2018.02.22 2017고단9142
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 21, 2017, at around 14:56, the Defendant: (a) discovered the victim D (influence, 28 years old); (b) discovered the victim D (influence, 28 years old) who was on the top of the first floor of the building building, Nam-gu Incheon Metropolitan City building C; and (c) committed an indecent act by force against the victim by making the victim’s bucks by using both handbucks and bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The Defendant’s defense counsel’s defense counsel’s assertion on the assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act asserts to the effect that the Defendant had mental and physical weakness due to mental illness at the time of committing the instant crime. As such, it is acknowledged that the Defendant had mental illness at the time of committing the instant crime, but, in full view of all the circumstances such as the content of the instant crime, the Defendant’s speech and behavior before and after the instant crime, and the circumstances after the instant crime, the Defendant had weak ability to discern things or make decisions.

subsection (b) of this section.

B. Article 10 of the Criminal Act on the Punishment, etc. of Sexual Crimes may not apply to cases where a child commits a sexual crime in the state of mental disorder caused by drinking or drugs (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Accordingly, this part of the assertion by

The reason for sentencing is that even though the victim suffered a considerable mental suffering due to the instant case, it is necessary to punish the victim with strict punishment in light of the fact that the victim did not receive a written request from the injured party.

(b).

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