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(영문) 창원지방법원 통영지원 2016.09.23 2016고합60

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

The defendant is a neighboring relationship with a person with intellectual disability who resides in the Dongdong, such as the victim C (V, 44 years old).

The defendant knew that the injured person has a lack of decentralization due to disability, and led the injured person to commit an indecent act by inducing the injured person to his house.

On September 26, 2015, the Defendant discovered that the Defendant was a victim before the Defendant’s home located in G at G at L at L, and caused the victim to enter the Defendant’s home, “I am drinking” and “I am.”

After that, the defendant met the victim's chest with his hand, spared the victim with her finger, and exceeded the clothes of the victim.

Although the defendant continued to talk with the victim's chest, and the victim's "math, knob," and refused to do so, the victim's chest became the victim's finger.

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

Summary of Evidence

1. Partial statement of the defendant;

1. A written confirmation of counseling, stenographic records made by a victim, or stenographic records made twice the victim;

1. A written opinion of an expert on sexual assault against children with disabilities;

1. A CD (for a victim’s one-time image), CD (for a victim’s statement recording file), CD (for a victim’s statement recording file), or CD (for a victim’s statement twice);

1. Answers requesting cooperation in investigation (certificates of persons with disabilities, etc.);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attaching four copies of paper A4 written by the victim in writing), investigation report (related to attaching diagnostic documents and copies of calendars), investigation report (limited to attaching diagnostic documents and copies of calendars), and investigation report (limited to photo

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 (including the elderly and the first offender, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. An order for disclosure and notification under the main sentence of Article 16(2) and the main sentence of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;