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(영문) 대구지방법원 2013.05.10 2013고합110

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

Reasons

Punishment of the crime

On November 13, 2012, the Defendant was able to go to the guest room located in Daegu Dong-gu, Daegu-gu, with the victim F (F, 28 years of age) who was a woman's f(s) and her birth, in the guest room located in the "E" Moel Do-gu, Daegu-gu.

The Defendant, with the knowledge that the victim could not refuse his request without permission at Grade 3 of the above guest room, committed an indecent act by force against the victim with mental disability, such as "at least one time," in the victim's name and the panty inside which women's friendly group would "C not refuse to do so", by inserting his hand into the victim's name and the panty inside, and forcing him to commit an indecent act by force. The Defendant committed an indecent act by force against the victim with mental disability, such as "at least one time," in which the victim's chest and the panty, who was able to look at the victim's chest and the panty, and who finished the shower after the locking.

Summary of Evidence

1. Defendant's legal statement;

1. The statement statement of each police officer concerning G;

1. Each investigation report (a summary of statement);

1. Application of Acts and subordinate statutes to criminal investigation reports (to attach a record of video recording and recording of the victim, summary of the statement to the victim, attachment of written opinions by experts in sexual assault cases to the disabled, and to the extent that the appearance can easily be seen as impeding the victim);

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 (see, e.g., favorable circumstances as seen below):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances, etc. as follows):

1. Where a conviction becomes final and conclusive on the instant criminal facts subject to the registration of personal information of this case under Article 16(2) main sentence and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant constitutes a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.