logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.02.10 2016고합87
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On July 18, 2015, the Defendant, at around 16:00, committed an indecent act by force against the victim of his or her father’s son or woman living together (the 23 years old), who had been living together with the victim D (the 23 years old), who had been living together with his or her female to talk with with the victim at work, committed an indecent act against the victim. The Defendant, on his or her hand, committed an indecent act against the victim with the victim’s chest, her chest, sound, etc., who was sexually disabled.

2. On July 19, 2015, at around 15:00, the Defendant committed an indecent act by force against the victim of a physical disability who is in physical disability with the victim’s chest, she had a female living together with his/her mind to commit an indecent act against the victim at work at work at work at work at work at work at work at work at work at work at work at work at the same time. The Defendant committed an indecent act by force against the victim who is in physical disability 3.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. D’s statement, stenographic records (Evidence Nos. 5), statement analysis opinion (Evidence List No. 20) recorded in video recording CDs;

1. Statement concerning each part of the protocol of the prosecution or the police examination of the accused;

1. Statement made by the prosecution against the F;

1. Investigation report (related to the denial of crimes by a suspect) and investigation report (related to interview with a victim);

1. Application of a copy of a welfare card, a disabled person certificate, a family relation certificate, and a certified resident registration;

1. Relevant 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 crime (the point of coercion against persons with disabilities and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Crimes under Article 38 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities), which has become more severe punishment];

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow