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(영문) 의정부지방법원 고양지원 2015.11.06 2015고합221

아동ㆍ청소년의성보호에관한법률위반(장애인간음)

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Stenographic records of D;

1. Investigation reports by prosecutors (victims shall fall under Grade II intellectual disability);

1. A police investigation report (the moving route photograph of a suspected vehicle and the description of the suspect);

1. Application of the relevant statutes, field photographs, certificates of medical records, psychological evaluation reports, and gene appraisal reports to the statutes;

1. Article 8 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against criminal facts;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing on the grounds of sentencing, in full view of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in this case, there is no record of sexual assault against the defendant; and (b) the registration of personal information and the completion of the sexual assault treatment program are deemed to have an effect to prevent recidivism of the defendant; and (c) there is a special circumstance in which the personal information of the defendant should not be disclosed

1. The scope of recommended sentences according to the sentencing guidelines (the determination of types) shall be sex offenses;

(c) Mitigation elements of sex offenses against persons with disabilities (persons aged 13 or older): Imprisonment with prison labor for not complying with the punishment (decision on the recommended area), for a mitigated area (decision on the recommended area), one year and six months to three years;

2. Determination of sentence: The defendant has no record of sexual assault crime against the defendant for two years, and has a record of being sentenced to a fine, and the victim is not punished by the defendant by agreement with the victim.

However, the defendant's sexual intercourse is committed against the disabled women who lack of ability to protect themselves and require more separate protection and interest.