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(영문) 전주지방법원 2019.01.17 2018고합248

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

Reasons

Punishment of the crime

Victims B (n, 15 years old) are intellectually disabled persons of Grade III.

The defendant reported the victims who are fluent in the normal paths and came to know that there was a intellectual disability different from the general public in the process.

At around 07:30 on June 7, 2018, the Defendant discovered the victim who is waiting for the victim and attached to the victim in front of the Donsan-gu C, Busan-si.

From the above place to about 300 meters in front of the same E located in the same Gu, the Defendant met the victim's her part and her part in one time, respectively, and forced the victim's hand by force, thereby making the victim her part of her part her part her part her part and her part her part.

Accordingly, the defendant committed indecent act by compulsion on the victim with a physical or mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (Attachment, etc. of a field survey photograph, victim's disability certificate, resident registration record, etc.);

1. An expert opinion on sexual assault against the disabled;

1. The statement of a victim recorded in a victim's video recording or video CD;

1. Application of statutes governing stenographic records;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The proviso to Article 16 (2) of the Sexual Exposure Act (the defendant shall consider the fact that the defendant is a disabled person of Grade III with intellectual disability);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, 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 are primary offenders, and the Defendant’s distorted sexual impulses revealed through the instant crime are imposed on the Defendant.