성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
A defendant shall be punished by imprisonment for two years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
The defendant knew that the victim C (the age of 30) who was known to each other by means of the city bus such as Pyeongtaek-si bus was disabled persons with intellectual disability 2, with the weak ability to discern things or make decisions, and tried to commit an indecent act against the victim using it.
On January 31, 2013, when the Defendant was getting on and off a city bus such as the victim on January 31, 2013, the Defendant got out of the bus stops located in Busan Shipping Daegu D with the victim, and enticed the victim as Empt parking lot by stating that “I am bad, I am sick, I am sick,” and “I am sick, I am sick.”
Since then, the Defendant got out of the above parking lot the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's
Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Statement recording, and certificate of disabled persons;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of CCTV photographs) and investigation reports (Attachment ofCCTV images, etc.);
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 ( Taking into account the favorable reasons among the following reasons for sentencing):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Reasons for sentencing under Article 37 (1) 1 and (3), the main sentence of Article 41 (1) 1 and (3), the main sentence of Article 41 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Imprisonment with prison labor for not more than one year and six months - 15 years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) The type of sex offense group, sex offense against persons with disabilities (at least 13 years of age), and type 2 (compacting and indecent act).