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(영문) 광주지방법원 2016.06.10 2015고합476
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2015 to September 9, 2015, the Defendant, at the front bus platform D located in Sayang-gun C located in Sayang-gun, the Defendant, “I am her own, “I am son. I am son. I am son. I am son. I am son. I am son. I am son. I am son. I am am son. I am son. I am. I am am. I am am. I am. I am.

Accordingly, the Defendant committed an indecent act by force against the victim with a physical or mental disability.

Summary of Evidence

1. Legal statement of witness E;

1. Stenographic records;

1. A certificate of a disabled person, a medical certificate of a disability [in light of the victim's attitude of statement, the details of statement, and the fact that the defendant commits an indecent act against the victim at an open place, it is determined that the defendant was aware that the victim was a mentally disabled person];

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant has no previous criminal record of a sexual crime; the motive and method of committing the instant crime; the Defendant’s character, conduct, environment, etc.; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order and notification order; the effectiveness of the prevention of the sexual crime subject to registration that may be achieved; and the effect of protecting the victims from the sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under law: Imprisonment with labor for one year to 30 years;

2. Persons with disabilities (not less than 13 years of age) shall be subject to the scope of the recommended punishment on the sentencing criteria (a determination of type).

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