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(영문) 울산지방법원 2014.10.24 2014고합264
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person of Grade III of intellectual disability, who works in the D laundry Team in Ulsan-gun, Ulsan-gun, and the victim E (V, 55 years old) is a person who works in the D laundry Team in the above workplace.

1. On December 2013, 2013, the Defendant: (a) reported that the victim was on the 1st floor of the said place of business; and (b) committed an indecent act by the victim’s following the victim’s her seat up to her her tamp.

2. On December 2013, 2013, the Defendant discovered the victim who had been engaged in laundry work at the first floor of the said workplace, and committed indecent act by committing any act similar to the sexual act by inserting the victim’s bridge between the two sides of the victim, after putting the victim’s laund with two descendants, such as the victim, etc.

In this respect, the Defendant committed an indecent act by assault against the victim with a mental disability more than twice in total.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements to E;

1. Application of medical certificates for persons with disabilities and certificates of persons with disabilities (E) statutes;

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 punishment for such crimes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing of Article 16 (2) and the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-two years; and

2. Application of the sentencing guidelines [the range of recommending punishment] general standards, where the degree of indecent conduct is weak (the standard of the lower limit shall be the legal applicable sentencing range) (the person with a special mitigation) (the standard of the lower limit shall be the legal applicable sentencing range) in the area of special mitigation (the lower limit of the applicable sentencing range is higher than the lower limit of the recommended punishment, since the lower limit of the applicable sentencing range in September to three years is higher than the lower limit of the recommended punishment).

3. Sentence;

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