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(영문) 대전지방법원 천안지원 2014.05.28 2014고합53
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

The Defendant is between the four Korean residents, such as the Victim C (Y, 48 years old), and the victim is a person with intellectual disability level 2, who has an intelligence index at the level of five years of age to 45, one month of age to 5, and a social index at the level of seven years of age to 49, Q 49, and ten months of age.

On July 17, 2013, at around 17:00, the Defendant committed an indecent act against the victim, who is a disabled person, by forcing the victim to commit indecent act by drinking, while drinking together with the victim and dong residents, while drinking together with the victim and fel residents, at the peace located adjacent to the waste separation and removal site in Seo-gu, Seo-gu, Seo-gu, Incheon (E and F multi-household) where the victim’s residence is located.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the assistant judicial police officer in relation to C and G;

1. Application of Acts and subordinate statutes to a written request for case commission, a written confirmation of the fact of counseling on damage, a copy of medical record, a counseling day for Hneney and the victim, a counseling day for counseling (sexual assault counseling centers for the disabled), a copy of medical record, a transcript, a transcript, an opinion of experts in sexual assault cases against children with disabilities, an investigation report (Attachment of field photographs), an investigation report (verification of disability grade), and a report on investigation (based on the counseling day for the

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 (The following extenuating circumstances among 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;

1. The following circumstances, which can be revealed according to the aforementioned evidence under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure and an order of notification, 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, are the same as

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