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(영문) 대전지방법원 홍성지원 2014.11.06 2014고합17
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)
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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From the second half of 2008 to March 17, 2009, the Defendant found the victim E (the victim E (the 44 years old), a mentally disabled person of the second grade in the vicinity of the Diplomatic Association in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, in order to commit an indecent act against the victim by using the counter that the victim is unable to resist due to intellectual disability or to talk with others. The Defendant led the victim of the passenger-only car parked in the above church parking lot in order to attract him/her, sit him/her with his/her will, and her chest and sound with his/her chest and sound with his/her hands, and forced him/her to resist due to mental disorder.

Summary of Evidence

1. Statement made by witnesses E in the second protocol of the trial;

1. Partial statement of witness F in the third protocol of the trial;

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes to a copy of expert opinion on sexual assault against children with disabilities;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 8 of the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act, Article 298 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010) (Article 5 (10) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes)

1. Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Apr. 15, 2010) exempt from disclosure orders and notification orders, Article 37 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11

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