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(영문) 울산지방법원 2017.06.29 2017고합16

성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등

Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") is the body part of the victim C (n, 15 years of age) with intellectual disability 3.

The Defendant, in 2013 or 2014, committed an indecent act by reporting the victim’s body at the victim’s house room in Ulsan-gun, Ulsan-gun, with his panty, exceeding the victim’s upper and lower panty, exceeding the panty, and making the victim’s body fit, and committing an indecent act in a manner that meets the telegraph, such as her chest, shoulder, sound, and her mack.

As a result, the Defendant, as a child or juvenile, committed an indecent act by force against the disabled of the third degree of intellectual disability.

Summary of Evidence

1. Statement by the defendant in court;

1. The CD of each video recording material CD;

1. Application of Acts and subordinate statutes to notify the results of statement analysis;

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, and Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of committing an indecent act against children or juveniles by force);

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a crime committed against a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, such as deceptive schemes) ;

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of all the circumstances such as the Defendant’s age, occupation and criminal record, details of the instant crime, anticipated effect and side effects of the disclosure order, etc., there is a special reason that may not disclose the Defendant’s personal information, considering the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; and (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

The reason for sentencing

1. Two years to thirty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The sentencing criteria shall not apply because each crime in the judgment of the scope of the recommended punishment according to the sentencing criteria is in a mutually competitive relationship.

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