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
The Defendant was aware of the physical disability of the victim C (n, 53 years of age) and E welfare center located in Young-gu, Young-gu D with the victim with a physical disability of the victim.
On May 20, 2015, at around 11:30 on May 20, 2015, the Defendant committed an indecent act by force by making the victim's right chest only once with the victim's knife and knife hand.
Summary of Evidence
1. Statement by the defendant in court;
1. The statement of a victim recorded in video recording CDs;
1. A police investigation report;
1. Expert opinion;
1. Welfare cards;
1. Application of the photographic Acts and subordinate statutes;
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 in favor of the defendant among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act on the suspension of execution (this shall be repeatedly considered as above);
1. Where a judgment of conviction becomes final and conclusive against a defendant who has registered personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under 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 of the Act on Special Cases
There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.
The issue of whether the defendant's age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, result and seriousness of the crime, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury, and the effectiveness and protection of the victim from the sexual crime subject to registration, which can be achieved due to such order.