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(영문) 창원지방법원 마산지원 2019.05.24 2019고합7
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A victim B (a person, a man, 22 years of age) is a person with a mental disability of grade 2 of intellectual disability.

The defendant was aware of the fact that the victim was disabled by being aware of the victim through C.

The Defendant, at around 16:00 on the same day from the summer-si, Changwon-si, Changwon-si, a residence of the Defendant, around 16:00, around 2017, was playing with the victim, and, at the same time, C was put to work as a part of the victim and was in operation with the victim, she was left to work as a part of the victim, and she was in operation of the victim's breast part with the victim's clothes, and she was in operation of the victim's breast part with the victim's breast part with the victim's clothes when she was in operation with the victim. Even though the Defendant called "Ma....." from the victim, the Defendant was in operation of the victim's breast part by hand.

Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a disaster, internal investigation report (the telephone conversations between the G principal related to the details of receipt of the report and the G principal related to the He) and internal investigation report (the telephone conversation between the I principal of the G principal related to the confirmation of the details of damage);

1. Stenographic records;

1. A written confirmation of counseling, written opinion of experts in cases of indecent conduct against the disabled persons, certificate of disabled persons, disability medical certificate, and disability grade decision;

1. Application of field photographs and the Acts and subordinate statutes governing the forest in which the victim green;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Mitigation of discretionary mitigation under Articles 53 and 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 suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 and an order to restrict employment, the proviso to Article 49(1), the proviso to Article 50(1), and Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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