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(영문) 대전지방법원 2018.10.19 2018고합358

성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)

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

A victim C (the 31 year old) is a person with mental disability who needs another person's assistance due to considerable restrictions on his/her daily life or social life due to a disorder in appraisal adjustment, behavior, and accident and ability caused by continuous mental division.

On February 13, 2018, the Defendant found the victim C her walk in front of the E in the large exhibition medium-gu, 19:30 on February 13, 2018, and tried to compel her to commit an indecent act.

"I am driving away from the victim" and "I am."

When the Defendant came to a parking lot near Daejeon-gu G9, Daejeon-gu, Daejeon, the Defendant made the victim kisk to kis, and let the victim kisk to kis on the part of the Defendant, and became aware of the Defendant.

Accordingly, the defendant committed an indecent act against the victim by using his mental disability in a state of impossibility to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to C, H, I, and J;

1. Recording notes (net 33), video recording CDs (net 31);

1. Each internal investigation report (time 2, 6, 7), each CCTV image-shielding disposition (netly 10-13), and each investigation report (net 34-37);

1. Application of Acts and subordinate statutes to medical records and medical certificates;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (Optional to Imprisonment);

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. Article 16 (2) and (4) of the Act on the Punishment, etc. of Sexual Crimes against the Order to attend a lecture or an order to provide community service;

1. An order for disclosure, notification, and exemption of an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 (an order for disclosure and notification of registered information, and an order for employment restriction on children and juveniles-related institutions, etc. shall be significant to the accused.