성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 11:00 on August 11, 2019, the Defendant, at the bus stops in C in front of the C, who is a mentally disabled person of the third grade of the mental retardation, was clear that the victim D (the “39 years of age,” as stated in the indictment of 49 years of age, is a clerical error, and thus, correction is made ex officio.). On the other hand, the Defendant’s cell phone with the mobile phone, shows the obscene video of the victim whose sex is sexual intercourse with the victim, and the sexual organ of the victim was discovered, the Defendant committed an indecent act by force of the victim, who was the disabled, as soon as possible, against the victim’s sexual organ refusing to refuse to do so.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. A video CD or stenographic record made by the victim;
1. Voluntary report, each internal investigation report, each investigation report, and each gene appraisal report;
1. Application of welfare cards and photographs under each Act and subordinate statutes;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the Defendant’s age, occupation, home environment, and social relationship under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., it appears that the registration of personal information of the Defendant, taking courses in sexual assault treatment and employment restriction order alone can be effective in preventing recidivism, and the profits and preventive effects expected by the order to disclose or notify information, and thereby, the Defendant