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(영문) 청주지방법원 2014.09.19 2014고합113
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was aware of the fact that the defendant was in the rehabilitation exercise room of the Egymnae D located in Cheongju-si, the second degree disability victim C(W, the age of 24).

1. On March 6, 2014, the Defendant: (a) Dambbucks and arms owned by the victim on the second floor of the above gymnasium 2 in the 2010 p.m.; (b) Dambucks and arms owned by the victim in his/her hand in order to take rest after the locking; and (c) Dambucks and arms owned by the victim.

2. On March 8, 2014, at around 16:15, the Defendant: (a) had engaged in a crypous exercise at the rehabilitation exercise room of the said E-sports Center; (b) had cryped the head of the female in his/her arms at his/her arms; and (c) had the chest of the female in his/her hand.

As the victim refuses to do so, the defendant again stated that "I will tell that we have good because of a large amount of money," and stated the victim's shoulder and bucks in hand.

As a result, the Defendant committed an indecent act on the victim with a disability of the second degree in the brain disease on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. C’s stenographic record of the police protocol;

1. Each report on investigation;

1. Certificate of the disabled;

1. Application of one of the Acts and subordinate statutes to a criminal photograph, CCTV screen CD;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 repeated in favor of the reasons for sentencing);

1. The criminal defendant under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course or order to complete a program, is a disabled person of Grade III or IV with brain-disease, and the effect of preventing recidivism of a sexual crime by attending a lecture or completing a sexual assault treatment program.

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