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(영문) 울산지방법원 2018.02.21 2017고합402
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a resident who resides in an apartment, such as a victim C (n, 23 years of age) with intellectual disability 2.

On July 6, 2017, the Defendant: (a) 21:10 on July 6, 2017, the Defendant: (b) taken the Defendant under the influence of alcohol in front of the management office of the G Apartment-gu, Ulsan-gu, U.S. apartment complex, in front of the E Park Management Office; (c) taken the Defendant into front of the victim; (d) taken the victim into front; (d) kid him; (e) kid him; (e) kid him; and (e) kids the victim

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Stenographic records;

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

1. A gene appraisal report;

1. Each investigation report (including accompanying documents);

1. Application of statutes on site photographs;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 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 Committed to Order;

1. In full view of all the circumstances such as the Defendant’s age, occupation and criminal record, details of the instant crime, anticipated effect and side effects of the disclosure order, etc., there is a special circumstance that may not disclose the Defendant’s personal information, taking account of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the disclosure order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age

The reason for sentencing

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic area (two and half years to five years of imprisonment) of the type of sex offense subject to the disabled persons (not less than 13 years of age) under the general standards for sex offenses subject to recommendation;

B. There is no special sentencing factor

3. Circumstances that are disadvantageous to a decision of sentence:

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