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(영문) 전주지방법원 군산지원 2021.03.18 2020고합174
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is the manager of the studio B in Ysan-si, and the victim C (V, 63 years old) is a person who resides in the above studio and has a serious mental disorder.

On August 6, 2020, the Defendant: (a) around 14:00 on August 14:0, 2020, the Defendant drinked alcoholic beverages from E. E. building F; (b) the victim first entered the room and opened a rest withdrawal; and (c) the victim “ there is no money inside.”

In the taxi market, the victim who had been in the scamed at the scam was asked to kn only one knife.” However, the victim, who had been in the scam, refused to scam and drinking, was scam the panty of the victim who was in scambling at the lower part of the victim's scam and knife the knife, knife the knife, and the victim was asked to knife the knife the knife, and the knife the knife without the knife despite the victim's refusal to knife it.

Accordingly, the defendant committed similar acts to the victim with mental disorders.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. The written opinion of experts in sexual assault cases against persons with disabilities;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to certificates of disabled persons with disabilities, medical certificates of each disability, and medical appraisal certificates of genetic testing;

1. Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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 stay of execution (The following circumstances considered in favor of the reasons 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 a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's age, occupation, and occupation);

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