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(영문) 인천지방법원 2013.12.05 2013고합480

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)

Text

A defendant shall be punished by imprisonment for two years.

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

On July 4, 2013, the Defendant: (a) around 15:00 on July 15, 2013, in the Dong-gu Incheon Metropolitan City C apartment commercial parking lot, (b) in the process of drinking alcohol with the victim D (at least 20 years of age) with intellectual disability 2; (c) in the process of drinking alcohol, the Defendant was willing to force the victim by force; (d) wre the victim’s shoulder; (d) wre

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. Statement made to D by the police;

1. Application of statutes on welfare cards;

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 (including the fact that the degree of indecent act is not deemed to be serious, the fact that the defendant led to the crime in this case, and the victim's guardian does not want the punishment, and other circumstances favorable to the defendant are considered);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous conditions favorable to the defendant);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction of a criminal fact stated in the judgment on the duty to register and submit personal information under Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person shall submit personal information