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(영문) 서울남부지방법원 2019.01.11 2018고단4325
강제추행미수등
Text

Defendant shall be punished by a fine of 2.5 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant committed the following crimes under the weak mental and physical conditions due to dementia, etc. in the due date Albimer's disease:

1. Around 08:00 on June 28, 2018, the Defendant: (a) discovered D (at the age of 21) in front of the C community service center located in Guro-gu Seoul Metropolitan Government, and “it is good to view B).”

The victim E (M, 22 years of age) who is a driving of this D, obscing the front of the defendant, the defendant, who was sleeped, sleeped with the desire of "Chos and bad juveniles", and assaulted the body of the victim by selling.

2. Around 08:00 on July 5, 2018, the Defendant attempted to commit indecent act by compulsion, the Defendant called, “a bridge is a bad, open, and good to view it as going to the age of 21”, and the Defendant attempted to keep the victim’s bridge out by extending the victim’s hand. However, the Defendant failed to commit an attempted act on the wind, going to the back and avoid by the victim.

Accordingly, the defendant tried to commit an indecent act by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Article 260(1) of the Criminal Act, Articles 300 and 298 of the Criminal Act, the applicable provision on criminal facts, the choice of punishment, and the choice of each fine;

1. Article 10(2) and Article 55(1)3 of the Criminal Act (see, e.g., medical certificates, medical records, etc. against the accused) for mitigation of mental disorders;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing is based on the method, content, frequency, etc. of the instant crime, and considering the criminal records, age, character and conduct, environment, family relationship, circumstances, and circumstances of the instant crime.

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