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(영문) 수원지방법원 평택지원 2019.09.06 2019고합100

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a student of B University C, and the victim D (the family name, the age of 22, and the intellectual disability class 2) is a student attending the same division as the Defendant.

On March 21, 2019, at around 15:30 to 15:40, the Defendant continued to keep up two times the victim’s right shoulder with his hand despite the Defendant expressed his intention of refusal that he would be “Bucks.........”

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and stenographic records;

1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of a victim's disabled certificate);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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 an order to disclose or notify information, 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, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The ages and ages of the defendants under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities.