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(영문) 전주지방법원 남원지원 2013.11.21 2013고합19

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2013, at around 11:50, the Defendant entered the house of the victim D (n, 58 years of age) located in the Jeonnam-gun C, Jeonbuk-gun, and stored the victim with dementia and the victim with her her son after the her math, into the inside of the victim's her part.

Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The reason for sentencing of a defendant's personal information should not be disclosed or notified, taking into account the following circumstances: (a) 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; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age of 76 years and having no criminal record; (d) the genetic relationship with the wife who currently resides together seems to be relatively good; and (e) the profits and preventive effects expected by an order to disclose or notify the defendant; and (e) disadvantages and side

1. The scope of punishment by sentence: Imprisonment for not less than one year and six months to fifteen years;

2. The scope of the sentence recommended on the sentencing guidelines [type of crime] sex crimes, general standards, sex offenses against persons with disabilities (at least 13 years of age), types 2 (compacting and indecent acts) (special mitigations) [decision on the scope of the sentence].