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(영문) 대전지방법원 논산지원 2015.09.23 2015고합13 (1)
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 17:20 on February 21, 2015, the Defendant, C, and D got 80,000 won of the victim F (58 years of age) lent to G residing in the above 106, but G escaped out of G, the Defendant, C, and D, together with the above studio, went back one time with the victim’s hand room, and C were hump, hump with the victim’s bath, h’s breath, and h was pushed back with a wall, and the Defendant continued to assault the victim’s face part by drinking.

Accordingly, the defendant assaulted the victim jointly with C and D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of F in the police interrogation protocol of the police officer against D or F;

1. Application of F’s written statement statement Acts and subordinate statutes;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the same Act, Article 260 (1) of the Criminal Act, the selection of fines

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant was drunk at the time of committing the instant crime and was in a state of mental disability.

2. According to the evidence duly adopted and examined by the court of this case, the defendant is deemed to have drinking alcohol at the time of the crime of this case, but in light of the circumstances and methods of the crime, the defendant's behavior before and after the crime of this case, and the contents stated by the defendant at the time of the investigation of this case, it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to drinking alcohol at the time of the crime of this case. Thus, the above assertion by the defendant and the

Considering the fact that the defendant committed another crime even though he had been punished several times for the same crime, and that the defendant is not able to take measures to recover damage from the victim.

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