성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
피고인은 2016. 11. 11. 18:00 경 익산시 C에 있는 청각장애 2 급인 피해자 D( 여, 52세) 의 주거지에서, 마늘을 찧고 있는 피해자에게 다가가 피해자의 옷 속으로 손을 넣어 피해자의 가슴과 음부를 만졌다.
Accordingly, the defendant committed an indecent act on the part of the victim with physical disability.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to investigation reports (referring to the collection of victims and sign language interpreters, attaching photographs of the victim's residence at the scene of the crime, and attaching certificates of disabled persons);
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. Where a conviction becomes final and conclusive with respect to the instant crime, which is a sex offense subject to the registration of personal information under Article 16(2) main sentence and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43
There is no record of a sexual crime against a defendant exempted from an order to disclose or notify personal information, and the circumstance shown in the background or record of the crime in this case alone is likely to commit a sexual crime against a defendant or recommit a sexual crime.
It is difficult to conclude this case, only with the registration of personal information, taking lectures to treat sexual assault, and providing community service to prevent recidivism by the defendant.
Other benefits expected by the disclosure or notification order of this case.