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(영문) 광주지방법원 2018.08.10 2018고합279

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a lessor and the victim B (the family name, the age of 53) with intellectual disability was in a lessee relationship.

피고인은 2018. 6. 12. 12:10 경 광주 서구 C 인근 버스 승강장 앞 노상에서, 피고인으로부터 임차 보증금을 돌려받고 그곳에 서 있던 피해자의 좌측 가슴 부위를 손으로 1회 꾹 누르는 방법으로 만져 장애인인 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of victims;

1. Application of Acts and subordinate statutes to report on internal accidents;

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. 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 possibility of recidivism by the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information to the public;

I think)

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The application of the sentencing criteria [types] shall be subject to the general criteria for sex offenses against persons with disabilities (not less than 13 years of age). The two types of sex offenses against persons with disabilities (sexual intercourse and forced indecent conduct).