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(영문) 수원지방법원 안산지원 2018.07.13 2017고합309
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for one year.

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 part of the facts charged was revised to the extent that it does not affect the defendant's defense right.

The defendant had weak ability to discern things or make decisions due to the loss and damage of reality-verification ability, which is symptoms of Compilation mental disease.

[2017 Gohap 307] On May 7, 2017, the Defendant reported the victim E (V, 15 years of age) to the front of the D shop located in C when lighting around May 7, 2017, and committed an indecent act by force against the victim by putting her her b/her b/her b/her her b/her b/ her b/ her b/ her b/ her b/ her c/ her b/

[2018 Gohap 89]

1. On December 22, 2017, the Defendant forced indecent act: (a) around 12:40, at the center of Guro-gu Seoul Metropolitan Government, committed an indecent act by force against the victim on the following side of the victim G (V, 24 years old); (b) coming to the front side of the passenger G (V, 24 years old); and (c) with the left side of the passenger, the victim’s left side flock was flicked one time and the victim was forced to commit an indecent act.

2. The Defendant in violation of the Railroad Safety Act committed an indecent act against the victim at the same date and time, and at the same place as above, committed an act of operating the device or apparatus of rolling stock in operation, which is installed on the entrance side of the rolling stock in two partitionss, without any justifiable reason, following the escape between the two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of the respective Acts and subordinate statutes of H and I

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment with prison labor, respectively, Article 78 (3) 18 and Article 47 subparagraph 2 of the Railroad Safety Act (a violation of the Railroad Safety Act), and the selection of imprisonment with prison labor;

1. Under Articles 10(2) and 55(1)3 ( mentally and physically weak person) of the Criminal Act, each of the statutory mitigations, and Article 10(1)3 ( mentally and physically weak person) of the Criminal Act (the evidence duly adopted and examined by this court) (the following facts and circumstances revealed by comprehensively taking account of the evidence duly adopted and examined by this court), the defendant’s damage to his/her ability to verify facts

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