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(영문) 울산지방법원 2017.11.09 2017고합287
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person in Ulsan-gun C, who works for the care and protection physician at the D Hospital, and the victim E (the age of 24) is a person with a intellectual disability of the third degree who is receiving medical treatment at the above hospital.

On May 1, 2017, the Defendant: (a) around 14:00, at the above hospital 619 around 14:00, excluded the victim from the brue; (b) and (c) collected the brue of the victim; and (d) made the brue of the brue of the brue, “the brue was

“I have attempted to see the side interest of the victim of the victim by hand,” and continue to “I have learned.”

Although "" is called "the victim's chest and tried to leave the victim's breast with his/her finger, the victim did not have the intent to leave and resist his/her finger."

Accordingly, the defendant tried to force the victim who is a disabled person to commit an indecent act but did not commit such an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (one time a year);

1. Each investigation report (including attached documents Nos. 8, 16, 21 and 21 each time);

1. The application of Acts and subordinate statutes (No. 22 times a year);

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 15 and 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. In full view of all the circumstances such as the Defendant’s age, occupation and criminal record, details of the instant crime, anticipated effect and side effects of the disclosure order, etc., there is a special circumstance that may not disclose the Defendant’s personal information, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age

The reason for sentencing is 1.

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