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(영문) 대구지방법원 포항지원 2017.04.13 2016고합118 (1)

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

Reasons

Punishment of the crime

The defendant came to know while attending a church, such as the victim C (V, 15 years of age), who is a person with a disability of the third degree of intellectual disability.

On August 17, 2016, 08:35, the Defendant committed an indecent act by force against the victim who d'E-type d'E-type d' on the north-gu at the port of port on August 17, 2016, followed by the victim who d'E-type d' in the north-gu at the port of port, and who d's water of his water purifiers, caused the victim's her own left hand, and caused the victim's her mental disorder to commit an indecent act.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. C’s statement contained in video recording CDs;

1. Application of Acts and subordinate statutes, such as a internal investigation report (Attachment of a crime scene CD), a certificate of persons with disabilities, a disability diagnostic certificate, a internal investigation report (referring to attachment of screen pictures by capturing CCTV images taken at the time of committing the crime), a video photograph, and a written opinion;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of the following: (a) Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from the disclosure order and notification order; (b) Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and (d) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the fact that there is no record of criminal punishment against the Defendant); and (b) the Defendant’s age, family environment, social relationship; (c) the degree of recidivism; (d) the degree of the risk of recidivism; and (e) the profits and preventive effect expected by the disclosure order of this case; and (e) any disadvantage