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(영문) 광주지방법원 목포지원 2015.09.24 2015고합117

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year 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

At around 18:00 on April 1, 2015, the Defendant was suffering from intellectual disability in Yongama-gun C, and at the home of the victim D (n, 47 years of age), the husband of the victim who was married with the victim, was married to the victim, had the victim her mind to force indecent act by force. The victim was her own body, had the victim her chest, taken the victim's chest as her hand, and had the victim her breast as her hand. Although the victim was pushed the Defendant, the Defendant continued to commit an indecent act by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. D’s statement recorded CDs;

1. Application of Acts and subordinate statutes on certificates of disability;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual 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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, family environment, social relationship, and criminal record recognized as recorded]

In full view of the risk of repeating a crime, the risk of recidivism, and other various circumstances, such as the expected profit and preventive effects of the disclosure or notification order of this case, and disadvantages and side effects therefrom, where the criminal facts in the judgment of registering personal information of the defendant are found guilty, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and such personal information is subject to jurisdiction pursuant to Article 43 of the same Act.