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(영문) 광주지방법원 2017.06.02 2017고단1113
준강제추행
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant was in the third degree of intellectual disability, which lacks the ability to discern things or make decisions.

On January 13, 2017, around 15:38, the Defendant got out of the second floor of D-B-gu, Gwangju Northern District, the second floor of D-B-gu, the second floor of D-B-gu, in which the victim E (man, name, and age 20) was locked together with male-gu, and got out four times by taking advantage of the cresh in which the victim was locked, with a view to forcing the victim to commit an indecent act.

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of attaching 21 photographs by capturing the main pages of the crime);

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

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. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, an order to disclose or notify the defendant.

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