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(영문) 인천지방법원 2019.02.01 2018고합691
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is a person who is the head of the team of the “C” company in Bupyeong-gu Incheon, Incheon, and the victim D (Grade 2, South, 32, and cerebral Spacy disorder) is an employee of the same company.

The Defendant committed a crime against the victim by repeatedly talking about the victim’s sexual organ in his/her workplace, scarcity, scarcity, etc. (the victim’s name) and scarcitys, etc., on June 14, 2018, around 15:37, the Defendant committed an indecent act by coercioning the victim by forcing him/her to turn on the victim’s sexual organ at his/her workplace (on the spot1) in the above “C” company’s workplace (on the spot1) and “the victim’s sexual organ (the victim’s name)” while she was flick, and she was flick, and the victim’s sexual organ was flick with his/her own hand, while she expressed his/her intention to refuse to turn on the victim’s sexual organ after his/her body, despite having expressed his/her intention to turn on the victim’s sexual organ by her own hand.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Stenographic records;

1. Application of CCTV Acts and subordinate statutes;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In full view of the following factors: (a) the Defendant’s possibility of recidivism of a sexual crime; (b) the Defendant’s disadvantage and anticipated side effects due to an order of disclosure or notification; (c) the prevention of a sexual crime subject to registration that may be achieved therefrom; and (d) the effect of protecting the victims of a sexual crime subject to registration, etc., there are special circumstances where the Defendant may not disclose or notify personal information.

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