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(영문) 청주지방법원 2018.02.09 2017고합231

성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)

Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant has been aware of the victim D (n, 38 years old) and about 10 years ago, and the victim is a person with a disability of grade 2 with a disability of grade 2, who has cut down under the right part of the right part, so it is impossible to freely use the upper part.

The Defendant, between January 21, 2017 and 24:00, from January 21, 2017, to around 23:00 to around 24:00, at the victim’s home located in Cheongju-gu E’s residential premises, proposed the victim to buy TV sets in gifts.

At the same time, while putting a flood of the above-mentioned furniture, she laid down the victim's left hand by her own hand, laid down the victim's left hand onto her body and prevented him/her from resisting on the part of the victim, and she laid down another hand in the brode of the victim's boom, and she laid down the finger on the part of the victim's sound.

As a result, the defendant committed an act of inserting fingers by assaulting a person with a physical disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, G, and H;

1. Statement made by the prosecution with regard to D;

1. Each letter of F and G preparation;

1. A witness statement prepared by H;

1. Stenographic records, statements or video CDs;

1. Application of a copy of a welfare card (Evidence Nos. 6), a suspect's photograph, or an I message shote statute;

1. Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 Defendant has no record of punishment for sexual crimes against him/her, and the Defendant’s age, occupation, family environment, social relationship, etc. recognized as recorded are considered.