beta
(영문) 춘천지방법원 원주지원 2018.08.30 2018고합36

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant was in a de facto marital relationship with C until February 1, 2017, and was in a de facto marital relationship for about 30 years with C until the Defendant died of February 1, 2017.

1. On January 1, 2018, the Defendant committed an indecent act on the victim’s chests by inserting the victim from the Defendant’s home room located in D, the Defendant, who was able to drink by telephone, while drinking the victim by telephone. On the back of the victim, who was sitting in front of the table, by inserting her hand onto the part of the victim’s strts, and her chest was cut down on the part of the victim’s strts.

2. On January 2018, the Defendant committed an indecent act by putting the victim's panty in front of the victim's panty by inserting his hand and making the victim's spanty at the same place as a policeman, and by making the victim's spanty while drinking together by telephone.

As a result, the defendant forced the victim with mental disability to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of statements made for damage;

1. Investigation report (Attachment of expert opinion of sexual assault case against the disabled), and expert opinion of sexual assault case against the disabled;

1. Application of a copy of the welfare card for persons with disabilities (B) statute;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes for the crimes specified in paragraph (2) of the said Article with heavier penalty) of the said 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. 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, notify, and restrict employment; 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 proviso to Article 56(1) and the proviso to Article 56(1); the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018).