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(영문) 서울서부지방법원 2015.08.12 2015고합125
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the user of the D General Welfare Center in Seodaemun-gu Seoul, and the victim E (the victim E is 24 years of age, intellectual disability 2 level) is a company with mutual understanding while cleaning and guiding the welfare center in the employment preparation team of the above welfare center.

On April 9, 2015, at around 14:00, the Defendant discovered a victim being cleaned in the third floor corridor of the above welfare center, stating that “this is bad, e.g., e., e., e., e., f., e., f., e., e., h., e., h., h., h., h., h., h., h., h.

Summary of Evidence

1. Defendant's legal statement;

1. A stenographic record of the damage statement of E and a written statement of F;

1. Application of Acts and subordinate statutes on statement analysis opinions;

1. Relevant legal provisions concerning facts constituting an offense, Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, and Article 298 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is a disabled person who has an old age and is judged to have a third degree disability due to a brain disease. Considering the above circumstances, the defendant's speech and attitude in this court cannot expect the effect of preventing recidivism against sexual crimes by attending a lecture for sexual assault treatment, and it is difficult for the defendant to give an order to attend a lecture to prevent recidivism due to such special circumstances;

1. The ages, occupations, family environments, social ties, criminal records, and recidivism of the accused, which are recognized in the records under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and 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

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