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(영문) 서울북부지방법원 2016.06.03 2014고합522
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is under a state that the Defendant lacks the ability to discern things or make decisions due to mental illness such as stimulative disorder, etc.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. Around April 2014, at the Defendant’s residence (Seoul Special Metropolitan City Nowon-gu 305 Dong 809, Seoul Special Metropolitan City, Nowon-gu 305, and 809, the victim D (19 taxes, intellectual disability 1st degree), taken the victim’s head and arms at his house, taken the victim’s head and arms in hand, taken the victim’s body and arms on hand, put the victim fright on the room, put the victim frighted with the victim’s clothes, and forced the victim to wear her her her her her her her son, etc.;

B. Around May 2014, at the same place, the Defendant’s assault, etc. forced off the victim’s will, as seen above, and forced the victim with mental disability in a manner that shakes the victim’s sexual organ.

2. The defendant who will be attacked the victim D and continue to pay money to the victim at the same time and place as the mentioned in the above 1-B.

The phrase “intimidating the victim,” and received KRW 50,00 from the victim who was frightened, from the victim to take them over.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made in D in video recording CDs;

1. Application of Acts and subordinate statutes to the statement assistant reports, and the statement of investigation reports on victims of children or persons with disabilities;

1. Relevant Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment for the crime, Article 298 of the Criminal Act (a indecent act by compulsion of persons with disabilities, a choice of imprisonment), and Article 350(1) of the Criminal Act (a) (a) of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act (person with mental or physical disability caused by mental illness) that is legally mitigated;

1. An aggravated concurrent crime is a crime under the former part of Article 37 of the Criminal Act, Article 38(1)2, or Article 50 of the Criminal Act (an indecent act committed by any disabled person on May 3, 2014).

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