성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
1. The defendant shall be punished by imprisonment for a period of two years and six months;
2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;
Punishment of the crime
At around 17:30 on December 27, 2014, the Defendant accessed a cell phone with obscene material site, and displayed obscene material video for about one hour and 30 minutes to the victim E (the aged 18) who was disabled in intellectual disability 3 who started in a bath at around that time. The victim’s sexual organ occurred, and the victim’s sexual organ occurred, the victim’s cryp was unbrupted, and the victim’s sexual organ was unbrupted, and the victim was forced to have his/her sexual organ off with his/her bry and clothes, and boomed with the victim’s sexual organ, boomed with his/her hand, and boomed and boomed the victim.
Accordingly, the defendant committed an indecent act against the victim who is in difficult condition to resist due to mental disorder.
Summary of Evidence
1. Defendant's legal statement;
2. The prosecutor's statement concerning E;
3. Stenographic records of E’s statement.
4. Application of statutes on a copy of a welfare card.
1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Article 62 (1) of the Criminal Act;
4. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. In full view of the following: (a) the Defendant appears to have committed the instant crime along with the victim, and the Defendant appears to have committed the instant crime under Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of registered information; (b) the Defendant’s age, character and conduct, environment, family relationship, etc. that there is no record of punishment for sexual crimes; and (c) the Defendant’s personal information disclosure and notification should not be given in comparison with the benefits and preventive effects expected from disclosure or notification of registered information, and disadvantages and side effects therefrom.