beta
(영문) 광주지방법원 2016.12.07 2016고합368

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

The defendant, who is a person with a intellectual disability of third degree, is friendly with the victim C (a family name, leisure, 61 years of age) and Handong and Korea.

On March 30, 2016, the Defendant committed the husband of the victim at the home of the victim, which was located in D at the very low time, but without the husband of the victim, the Defendant committed the victim's chests and fry with the victim's clothes, which he knows that the victim is in the family of the married person, with the victim's her own hand, knowing that the victim is in the family of the married person.

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

Summary of Evidence

1. Legal statement of witness E;

1. Recording records;

1. Application of victim's certificate, medical certificate, and welfare card-related Acts 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. 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;

1. The judgment on the defendant's assertion that the defendant should not disclose or notify personal information to the defendant in light of the following factors: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (b) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no history of a sexual crime against the defendant; and (c) the extent and expected side effects of the defendant's disadvantage due to the disclosure or notification order; (d) the prevention effect of sexual crimes subject to registration that may

1. Although the summary of the assertion is between the victim's house on the day of the instant case, there is no fact that the victim commits an indecent act as stated in its reasoning.

2. The decision-making victim shall be made by the police as a whole on the background of the damage.