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(영문) 광주지방법원 2017.09.01 2017고합114
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The information on the accused is disclosed through an information and communications network for a period of three years.

Reasons

Criminal facts

On August 19, 2016, at around 15:30 on August 19, 2016, the defendant and the person requesting the attachment order (hereinafter referred to as the "defendant") met the victim F (the 23 years old), who is of intellectual disability 2 in the elevator of the E church building located in Gwangju Mine-gu, with the victim F (the 23 years old), was the victim's her son and the chest.

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

[The facts leading to the attachment order] The defendant was sentenced to two years and six months of imprisonment and three years of suspension of execution for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof in the Gwangju District Court on April 18, 2002, and on March 11, 2010, the Gwangju High Court has been sentenced to two years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc. of minors under the age of 13).

As above, Defendant is recognized as a person who has committed a sexual crime on at least two occasions and is likely to recommit a sexual crime.

Summary of Evidence

1. Statement of the police statement related to G;

1. F’s statement or stenographic record recorded in a video recording CD;

1. Investigation report (in-depth circumstances, etc. of the victim), investigation report, investigation report (in response to a request for DNA appraisal), and investigation report;

1. The written opinion on sexual assault cases and the statement assistance report for women of Grade II intellectualally disabled persons;

1. The following circumstances acknowledged by the instant records, such as the evidence examined prior to the risk of recidivism and the record prior to the filing of the claim, namely, ① imprisonment with prison labor for two years and six months and three years of suspension of execution for the crimes of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof, at the Gwangju District Court on April 18, 2002 as stated in the judgment of the Defendant, and the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof was sentenced on March 11, 2010; ② imprisonment with prison labor for two years for the crimes of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof at the Gwangju High Court on March 11, 2010; ② the instant crime of this case is committed by the victim with intellectual interference

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