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
On May 29, 2018, the Defendant: (a) around 19:15, around 19:15, the Defendant: (b) reported that the victim D (the family name, the 14-year age), who has a intellectual disorder in the Do, was waiting for her mother and was seated in the stairs; and (c) decided to commit an indecent act against the victim; (d) the victim Da Da Da Da Da Da Da Da Da n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n nn n n n n n n n n n n n n
Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Stenographic records;
1. Each investigation report (the sequence 3, 5, 14 in the list of evidence);
1. Application of Acts and subordinate statutes of a medical certificate of D;
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 the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); the main text of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); and the order to disclose and notify the registered information exempted from the disclosure and notification order may have significant influence on the Defendant.