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(영문) 인천지방법원 부천지원 2016.01.08 2015고합278
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The column of indictment against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts Committed by Persons with Disabilities) is indicated as “violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Forced Act by Persons with Disabilities)” and “Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts against Persons with Disabilities)” in the column of indictments, but the established rules (Article 737 of the Regulations on Special Cases concerning the Punishment, etc. of Sexual Crimes No. 5) [Attachment 5]

4. According to the list of crimes violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the name of the crime falling under Article 6(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which are applicable to the facts charged in the instant case, is “violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct against Disabled Persons)” and the name of the crime is corrected according to the name of the crime, but the name of the case must be used as it is for the convenience of identity and classification of

On August 21, 2015, at around 18:15, the Defendant committed an indecent act against the victim E (3) by taking advantage of the victim's physical disability in front of the D middle school in Bupyeong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, about 18:15, the Defendant committed an indecent act against the victim by taking advantage of the victim's faces that the victim is unable to resist.

2. A criminal defendant who attempted to larceny: The date and time set forth in paragraph (1); and the place set forth in paragraph (1) where the defendant tried to have a knife one of the grandchildren worth three million won at the market price, which is the victim’s possession of the knife of trees owned by him;

The victim failed to take measures from F, G, etc. and failed to take measures against the wind that the victim strongly resists at the port and failed to escape as it is.

3. On August 21, 2015, the Defendant interfered with the performance of official duties at around 18:35, and received 112 reports at the places indicated in paragraph (1) at around 18:35, the Defendant may take part of the I’s face face on one occasion, who is asked by I from the security guards belonging to the Hocheon-gu Police Station H District, Seocheon-gu, Seoul, Police Station, about the suspected crime, etc.

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