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(영문) 대전지방법원 홍성지원 2017.05.18 2017고합18
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C (V, 19 years old) are foreigners of the Scri Fran nationality, and the relationship between the defendant and the victim and the defendant and the victim C (L, 19 years old) is known to the employee of the Recycling Company (State) E, a recycling company.

On March 20, 2017, the Defendant, at around 22:00 on March 20, 2017, used the head of the victim who was drinking if he was in a ward for male dormitory of the above company, and tried to interfere with the victim’s math.

At the same time, the victim's blurth is flurd with the victim's blurth, the victim's flurd with the victim's clothes, and the victim's flurd with the victim's flurd with the victim's flurd with the victim's flurd with the victim's flurd with the victim

The victim was satis not satisfy, and the victim was satisfy by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C Records of damage;

1. Application of statutes on site photographs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Attend (the defendant does not facilitate communications with the Korean language as a foreigner of the Scular nationality, and if this judgment becomes final and conclusive, it is possible to be subject to compulsory departure pursuant to the Immigration Control Act, it is deemed that the imposition of order to attend lectures is ineffective.

Therefore, there are special circumstances where it is impossible to impose an order to attend a lecture on the defendant.

c) recognition;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the instant crime is not an offense against many and unspecified persons, but a criminal defendant has no same criminal record.

Reoffending with the registration of personal information.

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