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(영문) 대구지방법원 안동지원 2016.11.04 2016고단492
준강제추행
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1. The sentence against the accused shall be five million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 20, 2016, around 07:30 on March 20, 2016, the Defendant committed a crime against the victim C, who was locked in a sobrying and soup 207:30, the Defendant discovered the victim C (here, 18 years of age) who was locked in the passage and was locked, and pushed the victim’s body after the victim’s sobrying soup, she committed an indecent act by taking advantage of the victim’s resistance condition, such as rhying the victim’s sexual organ into his/her left arms and rhying it with his/her hand with his/her left hand, by taking advantage of the victim’s resistance impossible condition.

2. The Defendant committed the crime against the Victim F, at around 7:50 of the date indicated in the above paragraph (1) above, committed an indecent act by force against the Victim F by taking advantage of the victim’s resistance impossibility situation, where the victim F (the 22-year old age), who was divingd in the same manner at the same time, she was inside the body of the victim F (the 22-year old age), and was unable to cover the her arms with his arms and her arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C Complaints;

1. A written statement of C and G;

1. Application of each investigation report (in relation to the intention not to punish the victim of such crime, on-site investigations, and CCTV analysis, related to failure to conduct investigations into other victims), and statutes on accompanying data;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense and the choice of punishment;

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

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

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Ordering the Crimes are not sufficient in light of the developments and methods.

This is an unfavorable circumstance to the defendant.

The defendant is the first offender, and all of the crimes of this case are led to confession and reflect.

The defendant is a person with intellectual disability of the second degree.

The victims do not want to punish the defendant.

This is.

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