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(영문) 서울북부지방법원 2014.12.05 2014고합460

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:00 on August 6, 2014, the Defendant, while drinking alcohol with the victim at the house of the victim C (n, 54 years of age) located in the Chungcheongbuk-gun, was aware of the fact that the victim was a person with a disability of class 3 in the intellectual disability, the Defendant, despite being aware of the fact that the victim was a person with a disability of class 3 in the intellectual disability, she, taken the victim from walking the sprink, knife the bridge, knife the bridge, and knife the buckbbbbbbbs, and she refused the victim, she would not clean the direction."

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. A statement recorded in police recorded CDs with C;

1. Application of investigation reports (type of disability of victims and confirmation of whether they died) Acts and subordinate statutes;

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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of the circumstances such as the Defendant’s age, environment, social ties, previous conviction (no sex crime record) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 47(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [this case’s personal information shall be disclosed and notified], the circumstances after the crime was committed, the effect expected to be disclosed and notified of the Defendant’s information on the disclosure and notice, and the disadvantage and anticipated side effects of the Defendant.