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(영문) 창원지방법원 2017.09.19 2017고단2303
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 5, 2017, from around 09:42 to around 10:11, the Defendant entered a convenience store where the victim D (V, 21 years of age) in Kimhae City works as an employee, and purchased tin lottery tickets. The Defendant: (a) purchased tin lottery tickets; (b) the said victim called “a male fluor and fluor without a male fluor,” (c) placed one arms on the shoulder of the damaged person; (c) flusing one arms into the Defendant’s fluor; and (d) fluoring the victim’s chest by drinking again while fluoring the victim’s chest even though the victim refused it; and (c) fluoring the victim’s fluor by making use of the fluor without a customer.

The Defendant continued to enter the convenience store where the said victim works from 12:13 to 12:46 on the same day and committed an indecent act by drinking the victim.

Summary of Evidence

112 Application of the transcript of the document confirming that the CCTV images of the CCTV in the case of reporting the defendant's legal statement D to the prosecutor's office's statement 112

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime. Article 298 (Selection of Punishment of Imprisonment);

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

3. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the injured person does not want the punishment of the accused, and the accused is recognized to commit the crime, and is

4. The community service order under Article 62-2 of the Criminal Act;

5. As to the assertion of mental and physical weakness under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, the Defendant asserts that the Defendant has committed the instant crime with mental and physical weakness, since the Defendant committed the instant crime under the state of mental and physical weakness that the Defendant could not properly coordinate impulses with low intelligence, and thus, his mental and physical weakness should be mitigated.

On April 21, 2017, the Defendant is recognized as having received the judgment of “I Q Q 52 and social age 10.1” along with the diagnosis of “a mental retardation and bipolartic disorder” at the E hospital.

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