성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
A defendant shall be punished by imprisonment for two years.
The information on the accused shall be disclosed through an information and communications network for three years.
Criminal facts
On February 11, 2011, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant”) were sentenced to five years of imprisonment, ten years of information disclosure, and seven years of attachment order of location tracking device at the Ulsan District Court on the violation of the Act on Special Cases concerning the Punishment of Sexual Crimes (a minor rape, etc. under thirteen years of age), and completed the execution of the said sentence at the Daegu Prison on December 22, 2015.
【Criminal Facts】
The defendant became aware of the victim D (the family name, the female, the 33 years old, and the severe symptoms) who attends the above B through C, a mental rehabilitation facility, which is a mental rehabilitation facility, for treatment such as depression, dementia, etc., as a victim of the defendant.
At around 17:00 on May 12, 2018, the Defendant: (a) allowed C in the Fda area located in Yangsan-si E to leave the victim by telephone; and (b) divided the talk with C and the victim in the above multilateral area; (c) the victim’s bridge where C entered the rest of the toilet, the table, and entered the rest of the toilet, and the victim’s buckbucks of the victim by hand.
Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.
(1) On February 11, 201, the Defendant committed an indecent act by force against a victim with a mental disorder, even though he/she was sentenced to five years of imprisonment in violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Rape, etc. under thirteen years of age), ten years of information disclosure, and seven years of an order to attach an electronic tracking device at the Daegu Prison on December 22, 2015.
As such, the Defendant not only falls under “where a person who was sentenced to imprisonment for committing a sexual crime commits a sexual crime within 10 years after the execution of the sentence is completed,” but also a person who had the record of being attached with an electronic device under the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders for sexual assault crimes.