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(영문) 대전지방법원 2016.04.15 2016고단400
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person with a mental disability of Grade II.

On January 1, 2016, the Defendant: (a) committed an indecent act by force against the victim E (hereinafter “the homicide”) at a D mobile phone sales store located on the first floor of the Seo-gu Daejeon Daejeon building; (b) on March 1, 1997, the Defendant committed an indecent act by force against the victim by putting his face close to the face of the victim; (c) taking the victim’s hand over; and (d) taking the victim’s hand, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police are recorded against victims;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course or order to complete a program (any special circumstance in which an order to attend a course or order to complete a program may not be imposed,

1. Where the exercise of tangible force is considerably weak (1 to 1th year) in the special mitigation area (1 to 1st year), in the case where a person subject to the special mitigation area (a person subject to special mitigation) is considerably weak, physical and mental weakness (no person subject to the person subject to the special mitigation) [decision] in cases where the degree of conduct is weak [Article 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Disclosure Order and Notification Order; Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] general criteria for sentencing; Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the defendant; Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 4 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the defendant.

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