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(영문) 대전지방법원 2015.04.10 2015고합32
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 200,000 won.

Reasons

Punishment of the crime

The victim C(the age of 47) is the first disability of the second half of the year.

On October 4, 2014, at around 23:17, the Defendant forced the victim, who is waiting for her wheel chairs, to her kneely knife, her knife, her k's knife, her k's knife, her knife, and her k's knife without any reason, but the victim her knife k's knife knife on the left side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

5. The crime of this case on the grounds of sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is an indecent act by force against a victim with disabilities, who is deemed to have difficulty in working at the lower cost, and thus, the nature of the crime is not weak in light of the motive, circumstance, and content of the crime.

However, under the influence of alcohol, the defendant committed the crime of this case, and is against his will while making a confession of the crime of this case, the victim does not want the punishment of the defendant, the degree of indecent act is not serious, and other circumstances revealed in the arguments of this case, including the defendant's age, environment, circumstances of the crime of this case, contents and circumstances after the crime, etc., shall be comprehensively considered and determined as per Disposition.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to a case where a conviction is finalized on the facts constituting a crime on which personal information is registered.

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