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(영문) 대구지방법원 서부지원 2014.11.20 2014고합136

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for two years.

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

The defendant was aware that he was a person who was living in a close place to the victim C(n, 26 years of age) who was a mental retardation or autistic disorder.

On June 2, 2014, at around 17:30 on June 2, 2014, the Defendant, at the parking lot of the Daegu-gu DD building, had a mind to talk with the victim's chests and negatives of the victim and to force indecent acts by force. The Defendant left the victim's chests and knicks and bucks of the female in order to walk on the part of the victim and walk on the part of the victim, and knicks and bucks of the female.

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. Statement of prosecutorial statement concerning E;

1. Statement of the police statement concerning F;

1. Recording notes concerning C;

1. A copy of a welfare card;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, and Article 298 of the Criminal Act;

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. Where a conviction of the instant criminal facts of the instant case involving the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to

The exemption from disclosure order and notification order is the primary offender, and the defendant's misstatements the personal information of the victim living together with the defendant may infringe the victim's honor or character, and the defendant is against all his mistake, and the victim and the defendant are against the victim.