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(영문) 부산지방법원 2017.03.15 2016고단5836
강제추행등
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A defendant shall be punished by imprisonment for not less than eight 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

"2016 Highest 5836"

1. 강제 추행 피고인은 정신장애 2 급의 장애인으로서, 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 2016. 6. 24. 13:09 경 부산진구 C에 있는, 'D' 빵집 내 계산대 앞에 서 있던 피해자 E(19 세, 여) 의 뒤로 다가가 갑자기 왼손으로 피해자의 엉덩이를 1회 만지고, 피해자에게 귓속말로 " 사랑한다.

‘A indecent act by force against the victim' was committed.

"2017 Highest 20 "

2. The Defendant, as a person with mental disability of Grade II, committed an indecent act by a minor, committed an indecent act against the victim under 13 years of age by finding out the victim G (seven years of age) who was on board the Defendant’s right side of the seat at the Busan subway Station No. 2, which was located in 14 as of August 15, 2016, and went through F Station as of August 15, 2016.

Summary of Evidence

"2016 Highest 5836"

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. "On-site photographs of 2017 Height 20;

1. Legal statement of a witness I;

1. Statement made to I by the police;

1. Application of video recording CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense, and Articles 305 and 298 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The mitigated area (one month or one year or more) of the mitigated area (a person with special mitigation) of Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. The general standards for the crime of indecent acts by force (the scope of recommended punishment) are as follows.

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