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(영문) 청주지방법원 2017.11.24 2017고합249
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
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

1. The Defendant committed an indecent act against the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by the disabled) committed an indecent act against the disabled by force against the victim E (the age of 16) who was in a position of intellectual disability 3 where he was aware of the above welfare center and the same church as that of the disabled welfare center computer located in Chungcheongbuk- C around the beginning of January 2017, by holding the said welfare center and the same church in the victim E (the age of 16) with his own seated in the victim E (the age of 16).

2. A special assault Defendant: (a) from the above victim who was dividing the post-school distribution and dialogue at the places specified in paragraph (1) around May 16, 2017 at around 14:20 on May 16, 2017, “I am ra in a conversation;” citing a fire extinguisher in a computer room, and “I am dead.”

“The victim et al. was threatened, and the victim et al. was made at one time as a person who is a dangerous object by continuously gathering the chair.

Accordingly, the defendant assaulted the victim with dangerous things.

Summary of Evidence

1. Partial statement of the defendant;

1. Two recorded CDs, stenographic records;

1. Application of statutes governing certificates of persons with disabilities;

1. Relevant Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the provisions of Article 298 of the Criminal Act (the point of forced indecent conduct by persons with disabilities, the choice of imprisonment), Articles 261 and 260(1) of the Criminal Act (the point of special assault, the choice of imprisonment with labor) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated to the extent that the aggregate of the long-term punishments of the crimes specified in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment is added];

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 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;

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