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(영문) 인천지방법원 부천지원 2019.01.30 2018고단3245
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a patient of “cathoology” where a victim B (a family name, leisure, 21 years of age) serves as a physical therapy worker.

On September 5, 2018, around 09:40, the Defendant: (a) around 09:40, the Defendant: (b) carried the arms of the victim, who had inflicted physical treatment on the Defendant within the physical therapy room of the “Cratium” located in Seocheon-si D, and (c) carried the victim’s left chest with his own hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes concerning the cutting of CCTV images in a water treatment room and a water treatment room;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is deemed impracticable to implement his/her order to complete program because he/she suffers dementia);

1. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is active, and the content of the instant indecent act was frightened by the victim’s severe sense of sexual humiliation and aversion, and insult.

The defendant denied his mistake in the investigative agency.

However, it seems that the defendant is an elderly dementia patient, and this symptoms have an effect on denying the crime of this case and wrong.

There is no criminal power prior to the instant case.

In this court, confessions have been made in this court, and family members have made a better use of the defendant's care.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined the same type as the order.

Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes when a conviction on the crime of indecent act by force is confirmed.

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