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(영문) 의정부지방법원 2016.01.28 2015고합127
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

As intellectual disability 3, the Defendant was attending a health club, such as the victim C(V, 20 years old) with intellectual disability 2.

On January 5, 2015, the Defendant: (a) reported on around 18:00 in Namyang-si, Namyang-si, that the injured party entered the garment of clothes in the escape room; and (b) made the injured party out of the escape room by opening the door of the escape room; (c) took the injured party’s hand knife into the knife knife knife knife knife knife knife knife knife knife knife.

“In the course of doing so, the victim was frightened to the bed, the bed of the victim himself, and the chest of the victim was frightened by his hand.

Accordingly, the defendant committed an indecent act on the part of the victim with intellectual disability.

Summary of Evidence

1. Statement by the defendant in court;

1. An expert opinion on sexual assault against the disabled;

1. A copy of a welfare card;

1. Two video CDs in the victim's statement;

1. One CD in telephone call;

1. Application of statutes on site photographs;

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;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished for any sexual crime, the commission of the instant crime, the circumstances leading to the instant crime, and the circumstances after the commission of the instant crime, there is a need to impose a disposition such as a disclosure order or notification order that may pose a risk of sexual assault against the Defendant, or significantly affect the Defendant’s return to society.

The defendant's age, age, etc. is difficult to see.

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