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(영문) 부산지방법원 서부지원 2017.06.15 2017고합1
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Criminal facts

On November 20, 2015, the Busan District Court sentenced the defendant and the claimant for the observation order of sexual crimes (hereinafter referred to as "defendant") to one year and six months from the date of the request for the observation order, and completed the execution of the sentence in Busan Correctional Institution on December 8, 2016.

[Criminal facts] From March 15:00 on March 3, 2017, the Defendant dart in Busan, from around 15:0 to around 3:0, performed alcohol with 1 people, including victims E (n, 40 years of age) with intellectual disability 1 in front of the "D Mart in Busan, Seo-gu, Busan."

At around 19:15 on the same day, the defendant, under the influence of alcohol at the above place, fluences the victim's mind to report the victim who fright alone, and took the victim's house in order to put the victim into the house and put the victim into the house, but the victim's face was strongly refused by the victim, and prevented the victim from getting on the part of the victim from getting on the wall on the floor, and the victim's face was fluenced with the victim's entrance alcohol.

Accordingly, the defendant committed an indecent act against a victim with a mental disability.

[The grounds for requesting an order to observe and observe protection] The Defendant is likely to recommit a sexual crime even after being released from prison, in light of the person who has committed a sexual crime against a person with a mental disability, the background, method, and tendency leading to the crime.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of a victim recorded in video recording CDs;

1. Statement made by the police with regard to F;

1. Report on internal investigation (verification of details of report and acceptance of 112 report);

1. Investigation reports (in relation to attachment of certificates, etc. of victims with disabilities);

1. A report on investigation (Attachment of a list of 112 reported cases, and a report on confirmation of the call of the first witness);

1. An expert opinion on sexual assault incidents against children with disabilities;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, current status of personal confinement, report on the result of confirmation of minor convictions in disposition, and judgment;

1. The evidence shown prior to the risk of repeating the offense as indicated in the judgment and the written investigation before the request;

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