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(영문) 광주지방법원 2017.10.13 2017고단3874
강제추행등
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

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

Reasons

Punishment of the crime

The defendant is a person who was hospitalized in the same sick room as the victim B ( South Korea, 40 years old) and C Hospital 305.

1. On July 4, 2017, around 12:05, the Defendant forced indecent act committed several times under the above order by taking advantage of the gaps of the victim B (40 years of age) who uses the same sick room in the hospitalization room of 305 of the C Hospital located in Gwangju North-gu, Gwangju, and by taking advantage of the gaps in this side of the victim B (40 years of age).

Accordingly, the defendant committed an indecent act against the victim.

2. A quasi-indecent act Defendant: (a) around July 5, 2017, at around 04:30 on July 5, 2017, the victim lockedd at the above location; (b) the victim knife the victim’s sexual organ as his/her hand; and (c) the victim knife the victim’s sexual organ.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or incompetence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statement protocol (victim) to B;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act (the point of forceful indecent act), Articles 299 and 298 of the Criminal Act (the point of forceful indecent act) and the choice of fines, respectively;

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 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 the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection of Juveniles against Sexual Abuse. (b) The Defendant’s age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, and its resulting side effects.

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