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(영문) 수원지방법원 평택지원 2015.09.16 2015고합84

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a three-year-old relationship with the victim C (nive, 25 years of age), and the victim is a person with a second degree disability with mental retardation disability.

Around January 2015, the Defendant, while drinking alcohol from Dabud 306 at Ansan-si, Dacro Dacro Dacro Dacro Dacro Dacro Macro Macro Macro Macro Macro Macro Macro Macro macro macro macro macl the Defendant’s sexual organ in the victim’s entrance, committed an indecent act by force on the victim’s kinship who had a mental disability

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of stenographic records in the statement made by a victim E in a stenography E;

1. Statement of report on internal investigation prepared by the police; and

1. Statement of the opinion of sexual assault case against the disabled, whose statement analysis is prepared in F;

1. Entry of a copy of a welfare card (Evidence No. 21 page);

1. Application of video-related Acts and subordinate statutes of images of the scene of crime (Evidence No. 149 page);

1. The fact that the defendant who is a relative with the criminal facts in the pertinent legal provisions commits an indecent act by compulsion of the victim: The act of inserting the victim's sexual organ inside the body of the victim with mental disability as prescribed in Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc.

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on any person with a disability who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavier Crimes)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), Articles 16 (4), and 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.;

1. The punishment, etc. of sexual crimes subject to an order to disclose or notify registered information;