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(영문) 창원지방법원 진주지원 2013.06.14 2013고합47
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

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

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Reasons

Criminal facts

In addition, the facts of the cause of the attachment order / The defendant and the respondent for the attachment order (hereinafter referred to as the "defendants") discovered that the victim G (Nam, 26 years of age) with intellectual disability 2 inside the F-school bus moving from D stations located in Sacheon-si, Sacheon-si to the "F-General Welfare Center" located in E on February 6, 2013, and said that he/she would not take the victim, but the victim's chest was only the victim's chest, and the victim's knife was sent to the panty, with the victim's knife and the victim's knife was put into the panty.

Accordingly, the defendant committed an indecent act by force on the victim with mental disability.

【The Facts constituting the cause of an attachment order】 The Defendant was sentenced to two years of imprisonment with prison labor for rape or injury by rape at the Busan High Court on February 10, 199, and four years of suspended execution, and on July 26, 2002, the Defendant was sentenced to two or more years and six months of imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (residential Rape, etc.) in the branch court of the Changwon District Court on July 26, 2002, and was sentenced to two or more times of such crime, and the Defendant was sentenced to a punishment for a sexual crime on August 9, 2006 and committed the instant crime against the victim who has a mental disability within ten years of the completion of the execution of the sentence.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Each police statement of G and H;

1. Stenographic records;

1. Each report on investigation;

1. Previous records of judgment: Inquiries and investigation reports (report attached to a written judgment);

1. The risk of recidivism of sexual crime and recidivism in the judgment: The above evidence and the following circumstances acknowledged by the records of the assistance society before the claim, namely, ① the defendant was sentenced to imprisonment with prison labor for two years and suspended execution for four years for rape injury at the Busan High Court on February 10, 199, and on July 26, 2002 at the assistance of the Changwon District Court on March 26, 2002, by imprisonment with prison labor for two years for violation of the Act on the Punishment of Sexual Crimes and Protection of Victims.

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