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Reasons
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(영문) 청주지방법원 영동지원 2014.06.11 2014고합11
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 18:00 to around 18:30 on March 2014, the Defendant: (a) informed of the fact that the victim F (the 54-year-old) was living alone; (b) the victim was living alone; (c) the 3rd grade and the 5th grade of the intellectual disability and the 5th grade of the physical and mental disability, the Defendant attempted to commit an indecent act against the victim; (d) the Defendant saw the victim by using her hand; (c) kid the victim by using her hand; and (d) kiding the victim’s chest; and (e) putting the victim’s finger into the negative part of the victim.

2. On March 1, 2014, the Defendant: (a) was sneeped at the center of the Victim F; (b) was frightened to commit an indecent act against the victim; (c) was laid down in the room, she was laid off, she was slicked, she was slicked, her chestd with the victim; (d) went off the victim’s chest; and (e) went off the victim’s her finger, and then her fingerd.

3. On March 29, 2014, around 10:20 on March 29, 2014, the Defendant: (a) at the victim F’s inner room; (b) was unable to commit an indecent act against the victim; (c) was exempted from the body of the victim who reported television in the room; and (d) went off the victim’s will by her hand; and (c) took the victim’s chest with his/her finger by sticking the body of the victim’s hand; and (d) was put into the part of the victim’s finger.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Video CDs and stenographic records;

1. The application of statutes on disability ratings and disability ratings to such statutes;

1. Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Jan. 2, 2006)

1. Article 62 (1) of the Criminal Act;

1. Order to complete a program;

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