성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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.
Punishment of the crime
The defendant is the father of the victim C (V, 55 years old) who is a person with a intellectual disability of the third degree.
On December 7, 2015, the Defendant, on the street of the parking lot outside of the building of the “E” singing practice place, which was located in the wife population D, was forced to use the victim, and attempted to be injured by the victim, but continued to have the victim's chest, fluor, and fluor, even though the victim was tightly and strongly refused to enter the building, the Defendant forced the victim's chest, fluor, and fluor.
Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police against C;
1. Stenographic records;
1. A certificate for disabled persons;
1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs and on-site CCTVs;
1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 298 of the Criminal 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 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
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. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment and social relationship; (c) details, circumstances, and result of the instant crime; (d) the prevention of sexual crimes subject to registration that may be achieved due to the disclosure and notification order; and (e) the effect of the protection of the victims of sexual crimes subject to registration that may be achieved due to the disclosure and notification order; and (e) the degree of disadvantage suffered by the Defendant due to the disclosure and notification order and anticipated side
The facts charged in the judgment of registration of new commercial information are determined.