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(영문) 대전지방법원 홍성지원 2017.04.13 2016고합41

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

The defendant, as an insurance designer, had been aware of in the course of mediating the conclusion of an insurance contract as an insurance designer, was willing to commit an indecent act against the victim C (the 19 years old, 4 years old, 4).

Around 10:40 on March 11, 2015, the Defendant called “I I want to drink bread directly made by Ne,” and called “Isman,” in advance, the Defendant driven the Defendant, on the back side of the steering line of the sexton car operated by Ne, and told the victim “Is the Defendant to drink with Drve and Is the Defendant.” On the same day, the Defendant driven the said vehicle, driving the said vehicle, and parked the said vehicle with a dial hole located adjacent to the G camping site located adjacent to the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, around 11:40 on the same day.

In addition, Defendant 1 et al. goes beyond the rear seat of the driver’s seat of the said car and she sits in the side of the victim, and then she causes snow to the victim.

The term “the victim’s entrance and inspection were carried in several times, and the victim’s breasts were boomed below the upper part, putting the victim’s breasts into several times, holding the victim’s fingers, cut off the victim’s booms and panty, and forced the victim’s body to put the victim’s booms into the back part of the back part of the part, and commit an indecent act against the victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C in part;

1. A statement made by a victim recorded in video recording CDs (Evidence Nos. 40);

1. Recording book (the sequence 55 of the list of evidence);

1. Application of Acts and subordinate statutes of photograph (Evidence 47);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 a lecture or community service order;

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 a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.