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(영문) 전주지방법원 군산지원 2014.10.10 2014고합52
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

On November 2008, the Defendant is a person with a cerebral disability of the fifth degree and the victim C (V, 29 years old) is a person with a disability of the second grade.

On August 26, 2013, the Defendant and the victim entered the area D of the Korea Employment Agency for Disabled Persons, which is located in 546, Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and received vocational education at the same time.

1. From August 2013:

9. The Defendant, who committed indecent act by compulsion, was on August 8, 2013 to the lower order or the lower order.

9. At first 14:00, the victim, who was seated in the next place in the previous South-North vocational skills development institute D and the class above, forced the victim to commit an indecent act by force, by making the victim's buck and bucks one time, and by informing the victim of the contents of the class as near the defect, and by informing the victim of the contents of the class as much as possible, the victim's buck and bucks.

2. On November 26, 2013, the Defendant, at around 10:00 on November 26, 2013, committed an indecent act by compulsion by force against the victim who had a physical disability by making his/her son and son and son at the place specified in paragraph (1) only once, at the place specified in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Statement to E by the police;

1. Records of statements;

1. Application of Acts and subordinate statutes to a certificate of persons with disabilities and a medical certificate for persons with disabilities (investigative Records No. 44-45);

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 punishment of such 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 extenuating circumstances among the reasons for sentencing);

1. Article 16(2) and the main sentence of Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes (the case where a conviction is finalized on each of the crimes of this case, which are sex offenses subject to registration).

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