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(영문) 울산지방법원 2017.07.13 2017고합27

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On February 7, 2016, around 16:45, the Defendant: (a) was waiting for customers by setting the taxi that he operated in front of the city in the Geum-gu, Busan, Singu; (b) the victim F (V, 37 years of age, mental grade 3 level) was not in line with the daily weather; (c) the victim was slick in a nearby state without being slick; and (d) the Defendant, on the other hand, taken a slick in his taxi; and (d) the Defendant, on the other hand, led the victim to the hel located in Busan, for the purpose of engaging in sexual intercourse with the victim by attempting to assist the victim of the accident while driving clothes and slicks.

2. Around February 18, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes, etc. against the disabled) committed one-time sexual intercourse with the disabled victim by force after completing a shower from the above Hel 509 on February 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Video recorded CDs in the damaged statement;

1. Each written reply to appraisal, each on-site photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 288(1) of the Criminal Act applicable to the facts constituting an offense, Article 6(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of inducement for sexual intercourse) and Article 288(5) of the same Act on Special Cases concerning the Punishment, etc. of

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes (within the scope of adding up the long-term punishment for the above two 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 an order to disclose or a notification order, 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's identity);