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(영문) 대전지방법원 논산지원 2016.01.06 2015고합58

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

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.

Reasons

Punishment of the crime

Victim C (a family name, leisure, age 49) is the defendant and neighbors with intellectual disability 1st degree.

The Defendant, from September 13, 2015 to around 18:30 on September 13, 2015, is unable to take the Defendant’s house when the victimized person is doing an election campaign on the alleyway that goes to his own residence at Seosan-si.

After approaching the victim's body, the victim was sealed on the wall, and the victim committed an indecent act, such as talking the victim's chest and fluor with the victim's chest and fluor, and the victim was "not fluor," and the victim was "not fluor," leading the victim's hand, leading the victim's hand, opening the fluor, and opening the fluor.

After standing the victim in plastic chairs who were on the face of the door, the victim was forced to commit an indecent act by deceiving the victim's chest and fluor by the second hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (C or provisional names);

1. Application of statutes on a copy of a welfare card;

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 (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information and an order to notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the defendant resides in the same Dong Dong Dong Dong Dong Dong Dong Dong Dong Dongdong and thus disclosure of the case is notified, the victim's personal status may be exposed, and the defendant has no record of being punished as a sexual crime, and in this case, the defendant can prevent the recidivism of the defendant to a certain extent by taking part in the registration of personal information and taking lectures to treat sexual assault

The age of the defendant, the degree of risk of recidivism, such as the appearance of the defendant.