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(영문) 전주지방법원 군산지원 2013.09.13 2013고합85
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is residing in the operation of the Creinsan City, and is in conflict with the victim D(M, 21 years old) of intellectual disability 2.

On July 1, 2013, the Defendant was under the influence of alcohol on July 1, 2017:0, and the Defendant was under the influence of alcohol, resulting in the Defendant’s desire to report the Victim who was fright next to the said Crash operation, and the Victim was under the influence of her chest on one occasion.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

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

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 extenuating circumstances among the reasons for sentencing);

1. Article 16(2) and the main text of Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes (where a conviction is finalized on the crime of this case, which is a sex offense subject to registration), where a conviction on the criminal facts of this case against the defendant is finalized as to whether to issue an order to disclose or notify the disclosure or notification thereof under Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 47(1) and Article 49(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse is subject to an order to disclose or notify the facts of this case, but it is difficult to conclude that the defendant has a risk of repeating a crime of this case because he/she recognizes the crime of this case, and the victim does not want the punishment of the defendant, and the degree and disadvantage of the defendant's

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