beta
(영문) 대구지방법원 김천지원 2014.08.22 2014고합8

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

On August 8, 2012, the Defendant: (a) around 11:30 on August 11, 2012, the victim C (Woo, 30 years of age) was suffering from intellectual disability 2 in the Daegu Seo-gu, Seo-gu, Daegu, Seo-gu (Sgu), and the victim’s chest who was seated on the right side of the Defendant, and her chest was her fingerd with his finger.

The defendant forcedly committed an indecent act against a victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each police investigation report (general, and attaching a record of video recording and recording for victims C);

1. C's welfare cards, recording records, and application of the Acts and subordinate statutes of the written complaint;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (Amended by Act No. 11556, Dec. 18, 2012)

1. The main sentence of Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) subject to the disclosure order

1. Reasons for sentencing in the main sentence of Article 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) [the scope of applicable sentences] The grounds for sentencing in the main sentence of Article 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) [the scope of applicable sentences] shall be determined] sex crimes, general standards, sex crimes against the disabled (at least 13 years old), sex crimes against the disabled (at least 13 years old), types 2 [Special Aggravation]: No aggravated factors: Imprisonment [the range of recommending punishment]: Imprisonment with prison labor for not less than 1 year and 6 months but not more than 3 years [the range of applicable sentences]; the victim who is vulnerable to the crime (unlawful reasons for suspension of execution]; there is no criminal conviction above the same kind of punishment;