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(영문) 광주지방법원 목포지원 2019.05.16 2019고합34
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
Text

A defendant shall be punished by imprisonment for not less than two years 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

The defendant was the disabled in the second degree of intellectual disability and was engaged in vocational training in the C Welfare Center in the Mapopo City B, and became aware of the victim D (I, 27 years of age, intellectual disability 2 level).

On November 29, 2018, at around 17:30, the Defendant discovered the victim from the EF city bus, and added the victim's will and panty to the residence of the victim in the G apartment at a wooden city. At around 17:35 of the same day, the Defendant forced the victim to care up to the 1st floor above the apartment house, forced the victim to care up to the 1st floor above the 17:35 of the same day, taken the victim's chest over the victim's chest, taken the victim's head into the floor by hand over the victim's gate, and added the victim's panty to the sound part of the victim.

As a result, the defendant committed violence against a person with mental disability to put his fingers into a sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by victims;

1. The suspect certificate and the disability diagnosis certificate;

1. A certificate of the disabled person and a certificate of the disability;

1. A photograph of the scene of crime, and a photograph of the part of violence;

1. Application of CCTV-related Acts and subordinate 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation Orders and

1. Where a conviction of a criminal fact indicated in the judgment on the registration of personal information of a child or juvenile subject to employment restriction order is finalized, the defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

disclosure order and.

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