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(영문) 춘천지방법원 강릉지원 2013.09.12 2013고합54

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

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

Criminal facts

On June 28, 2013, at around 00:35, the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") discovered the victim E (the victim E (the age of 18) who is the disabled in the cadastral brain disease in the third degree, and was suffering from the mind of indecent act by force.

At this point, the Defendant saw the victim’s her hum, her m and chest, and her mar and chest, “if she does not want to do so, she will play in our house, and she will play in another place.” The Defendant sound the victim her fright to her hum in the third parking lot of “F Hospital” with approximately 100 meters away from her place to her humb, her hum, and her hums were her humb, and her chest was her chest by inserting the victim’s hum, her hum, and her chest was her chest.

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

[The grounds for filing a request to attach an electronic device] The Defendant committed a sexual crime against a person with a physical or mental disability as above, and is likely to recommit a sexual crime in light of the method of crime and the Defendant’s tendency.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of a statement of damage to E;

1. Application of Acts and subordinate statutes to investigation reports (verification of types of disability of victims, etc.);

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

1. Imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Act on the Probation, Electronic Monitoring, etc. of Specific Criminal Offenders in Order to attach an electronic tracking device;