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(영문) 서울동부지방법원 2017.06.22 2017고합113

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete a sexual assault treatment program for 40 hours against the defendant.

Reasons

Punishment of the crime

around 10:00 on September 29, 2016, the Defendant entered the sports center in Gangdong-gu Seoul Metropolitan Government, to clean at the first floor female toilets in Gangdong-gu, Seoul, and the victim D (V, 26 years of age) who is the student of the above sports center having a mental disorder (class 2) was discharged from the world, and the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant committed an indecent act by force against a victim with a mental disorder.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement-recording CDs (D's statement);

1. A criminal investigation report (Analysis ofCCTV image data, etc.);

1. Application of Acts and subordinate statutes to expert opinions on welfare cards and sexual violence cases against children with disabilities;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual 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 among the 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 to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the defendant has no record of criminal punishment for sexual crimes, personal information of the defendant, and completion of a sexual assault treatment program can prevent the defendant from repeating the crime even if the defendant has no record of criminal punishment for sexual crimes;

In full view of the fact that the defendant's age, occupation, family relationship, social relationship, the details and circumstances of the crime of this case, other benefits expected by the disclosure and notification order, the effect of crime prevention, disadvantage and anticipated side effects, etc., there are special circumstances that the disclosure and notification of the defendant's personal information should not be made.

b)the decision;