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(영문) 서울남부지방법원 2015.07.29 2015고합102

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a high school line with the victim D (V, 23 years old) with the same disability as the victim of the second degree disability in the mental retardation.

At around 14:00 on June 14, 2014, the Defendant found the victim’s residence in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, to have sexual intercourse with the victim by taking advantage of the situation where the victim was in contact with the victim, left the victim’s chest, and left the victim’s will by using a situation where the victim was in contact with the victim, but the victim said that “the victim was not “the victim’s speech”, and forced the victim to go off, and forced the victim to go back, and then had sexual intercourse once with the victim by inserting his sexual organ into the part of the other victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records or video recorded CDs in each victim's protocol;

1. A written opinion of experts in sexual assault cases against children with disabilities and notice of the results of statement analysis;

1. Application of Acts and subordinate statutes to requests for appraisal, A currency CDs, and written opinions;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 [the age, occupation, family environment, social ties, criminal records and the risk of re-offending recorded in the record (the defendant is not deemed to be highly likely to re-offending as his/her initial

In full view of the interests expected by an order of disclosure or notification, prevention effects, disadvantages and side effects resulting therefrom, etc., the personal information of the defendant shall not be disclosed or notified.