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(영문) 대전지방법원 홍성지원 2018.11.08 2018고합77
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person with a intellectual disability third degree, and the victim C(n, 21 years of age, 21 years of age) is a person with a intellectual disability second degree, and the defendant and the victim work at the D Welfare Center, and they became aware of only from the above welfare center.

On February 22, 2018, the Defendant had been aware of the fact that the victim was suffering from a Handphone by the victim and had the victim forcedly commit an indecent act against the victim. On February 22, 2018, around 10:48, the Defendant forced the victim with mental disorder, such as taking the Handphone of the victim from the 1st floor of the D Welfare Center Disabled Persons E, and taking the Handphone of the victim from the 2nd floor to the 2nd floor of the D Welfare Center Disabled Persons Protection Center, and allowing the victim to take the Handphone of the victim from the 2nd floor. The Defendant forced the victim to commit an indecent act against the victim with mental disorder, such as taking the fluenite of the victim from the 2nd floor to the 3nd floor of the above 2nd floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on internal investigation (CCTV investigation and attaching images), internal investigation report (a photograph at the scene of the crime, a photograph of the CCTV-cape photograph, etc.);

1. Application of Acts and subordinate statutes to expert opinions on stenographic acts against children, children, or persons with disabilities;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of committing any sexual crime, and the Defendant has no record of committing any sexual crime, and is obliged to register personal information of the Defendant and treat sexual crimes.

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