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(영문) 대구지방법원 2020.08.28 2020고합235
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

At around 13:55 on April 9, 2020, the Defendant: (a) was aware of the mental disability of the victim D (one, half, 50 years of age) with a mental and intellectual disability judged in Grade 2 of the mental and intellectual disability in the area; (b) had a mental disability; and (c) did not return frequently to the adjacent area of the said area; (d) accessed the victim after having been in front of the square; (c) had access to the said area; and (d) had the victim’s chestd with his her frithy; and (d) had the victim’s chestd.

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 to E by the police;

1. Stenographic records (D)

1. Statement of statement analysis;

1. Photographss of crime scene, photographs of victims, records of 112 reported cases, and copies of victim's welfare cards (attached to the new source management card);

1. Each investigation report (in relation to the attachment of a field and victim photo, a statement analysis expert opinion on the victim, accompanied by a victim-related statement analysis expert opinion) is a verbal disorder, but Article 11 of the Criminal Act refers to a deaf-mute who is a deaf-mute and has lost the hearing function and language function at the same time. Thus, the reduction of the deaf-mute is not applicable to the accused who does not have a hearing impairment.

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 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 made again for the reason of sentencing);

1. There are special circumstances in which a defendant is unable to impose an order to attend a lecture, considering that the defendant under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person with severe intellectual disabilities.

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