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(영문) 부산지방법원 2019.06.28 2018고합565
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 25, 2018, the Defendant, at around 22:20, in the Dong-gu, Busan, performed alcoholic beverage with the victim D (one person, half person, and 34 years old) who is a disabled person in the 5th degree in the square of Busan, immediately after drinking the alcoholic beverage. The Defendant, at around 22:20 on October 25, 201, performed the alcoholic beverage in the 5th degree in the 200 square of Busan.

The Defendant: (a) brought the victim in the lower end; (b) 93 meters in front of the F in the same Gu E; (c) brought the victim’s chests of both the victim in a state of difficulty to resist due to delayed disability and acute alcohol addiction; (d) 20 minutes of the victim’s chests in front of the H coffee shop in the same Gu; (c) flick the victim’s inner part; (d) flick the victim’s body, flick the victim’s body, flick the victim’s body, flick the victim’s body, flick the victim’s body, and flick the chest, and flick the chest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Stenographic records (Details of statements made by victims of DNA names);

1. A photograph of each CCTV course;

1. Application of statutes governing certificates of persons with disabilities;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order to disclose or notify personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse needs to be careful and prudent in that it may have a significant impact on the Defendant, the Defendant has no record of criminal punishment for sexual crimes, the punishment and the punishment prescribed by this court can prevent recidivism only with the restriction on employment of institutions related to children and juveniles, such as completing sexual assault treatment programs, registering personal information, and institutions related to children and juveniles, etc.

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