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(영문) 부산지방법원 동부지원 2019.09.24 2018고합225
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

As seen below, although the facts charged by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the disabled in the indictment of this case cannot be seen as proven to the extent that there is no reasonable doubt about the facts charged by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act as stated in the indictment of this case, the identity of the facts charged is recognized

The Defendant is a person who works as a nursing at the “C” hospital located in the Geum-gu Busan Metropolitan Government, and the victim D (the age of 42) is a person who is hospitalized due to cerebral blood at the above hospital.

At around 15:00 on May 24, 2018, the Defendant discovered the form of the victim who was inside a usual hospital E, and came out of the sick room, and came out of the sick room, and came out of the sick room, and met the victim's drinking part by hand, went out of the sick room, and tried to get out of the sick room, and then the victim went out of the sick room, and tried to get out of the sick room, and intending to get out of the patient's clothes when the victim went out of the sick room, and intending to get out of the sick room.

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

Summary of Evidence

1. The defendant's partial statement (which was made after the second trial date);

1. Each legal statement of witness D and F;

1. The statement and stenographic records of a victim recorded in two video CDs;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 13, 16 of the evidence list);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Order to disclose the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, order to notify, and order to restrict employment, the age, occupation, and recidivism of the accused;

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