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(영문) 서울동부지방법원 2018.02.09 2017고합313

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years 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

From around 20 years ago, the Defendant was aware of the victim C (the 32 years of age) who is a father of the Defendant’s her father’s high school (the 32 years of age). From August 2015, the victim left the above D from around August 2015 until he left the Defendant’s son D (the 12 years of age, intellectual disability 2 level).

On June 27, 2017, around 23:00 on June 27, 2017, the Defendant opened a door to the victim with mental disorder 3 in front of the Defendant’s house located in Seongdong-gu Seoul, Seongdong-gu, Seoul, to report and commit an indecent act against the victim who was not able to wear clothes on the main owner’s home, and put the victim’s chest into tts, and then promptly laid the victim’s chest.

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. Records of statements made by victims;

1. Statement of the police statement with respect to F: Reporter;

1. Application of statutes on copies of certificates of persons with disabilities;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual 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 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 circumstance that may not disclose the Defendant’s personal information, taking account of 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; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age

If a conviction becomes final and conclusive on the criminal facts in the judgment on the registration of new information, the defendant is punished for sexual crimes.