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(영문) 춘천지방법원 원주지원 2018.05.17 2018고합28

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in conflict with D, who is the seat of the victim C (n, 21 years old), and the victim is a person with a disability of grade 3 in intellectual disability.

On April 19, 2017, the Defendant: (a) around 21:00, the F Hospital’s principal hospital was hospitalized room of 608, the Defendant: (b) the victim, who was known to the Defendant, found the victim to suffer from the D’s illness; (c) induced the victim to the six-story emergency stairs out of the victim; (d) the victim was attempted to suffer from the victim; (e) the victim was rejected; and (e) the victim was able to suffer from the victim; and (e) the victim’s chest was able to take part in the victim’s chest on his hand; and (e) the victim was forced to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims and opinions of experts in sexual assault cases against disabled women;

1. Application of Acts and subordinate statutes to report internal death (verification of whether a victim has a disability);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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. 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 information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no history of sex offense, the defendant's personal information registration against the defendant, and lectures to treat sexual assault may have the effect of preventing recidivism even if he/she has a record of committing a sex offense

In light of all the circumstances, such as the defendant's age, family environment, social relationship, etc., if comprehensive consideration of the fact that the disclosure and notification order appears to be relatively less likely to be achieved than the disadvantage and anticipated side effects of the defendant's suffering, etc., the personal information of the defendant shall not be disclosed or notified.