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(영문) 광주지방법원 순천지원 2020.02.18 2019고합138
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

A victim B (a person, 21 years of age) is a person with a mental disability as a Grade 4 with a speech disorder.

On July 5, 2019, the Defendant sent a warning to the victim who was waiting for the bus at the bus stops near the C market in the city near the south of the city on July 5, 2019, with the knowledge that the victim is a disabled person who is attending the welfare center for the disabled, and the victim's telephone number is known.

At around 12:50 on July 7, 2019, the Defendant: (a) sent a phone to the victim in Wnman E, the frontnam-si, his residence, and (b) let the victim enter his house and talk with the victim, and (c) kisced, kisced on the victim’s view, kisced on the victim’s sexual organ, kisced on the part of the victim, kisced on the victim’s sexual organ, kisced on the part of the victim, and kisced on the victim’s side.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. The statement made by the victim contained in each video recording CD;

1. Application of Acts and subordinate statutes to report internal investigation (the details of telephone conversationss divided by the suspect, confirmation of the contents of Kakakao Stockholms, cellphones carried out by the victim), internal investigation report (a certificate of the disabled and attachment of a medical certificate for the disabled), investigation report (Attachment of a

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

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, the possibility of recidivism by the Defendant’s sexual crime, the possibility of recidivism by 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, an order to disclose or notify, may be achieved due to the extent and expected side effects of the Defendant

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