logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.05.21 2013고합184
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2012, at the home of the defendant in Suwon-si, Suwon-si, the defendant found the victim D (I, 29 years old), who was playing in the defendant's house (in intelligence index and social well-being index of less than 34 persons, who need to protect other people throughout their lives because it is substantially difficult to adapt to their daily lives and social life) from the victim D (I, 29 years old), who was playing in the defendant's house, was able to find out the victim who was sitting out of the toilet, and she was able to get out of the toilet, and she was able to see the victim's body, reported the victim's body, she feel out of the body, feel the victim's chest and sound, and she committed an indecent act against the victim, who is the disabled.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes, statement recorded CDs;

1. Application of statutes on a copy of a welfare card;

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 crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

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

3. Reasons for sentencing under the main sentence of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Training

1. Three years to thirty years from the imprisonment with prison labor for a prison labor;

2. Basic area of the application of the sentencing standards [decision of a type of punishment] the application of the sentencing standards for sex crime group, general standards, sex offenses against persons with disabilities (at least 13 years old): sex offenses against persons with disabilities (determination of the recommended field and the scope of recommendations): Imprisonment for 2 years and 6 months to 5 years [the scope of modified recommendations] [the scope of punishment corrected]] imprisonment for 3 years to 3 years ( Taking into account the lowest limit of applicable sentences): Use of personal trust relationship - Use of personal trust relationship - victim who is vulnerable to a crime - Reasons for negative general participation - Reasons for negative general participation - Reasons for negative general participation : There is no previous punishment or there is no previous punishment for suspended execution : The health of the defendant for any contingent crime that has no criminal record of imprisonment with prison labor

3. The sentenced victim was a neighbor who was aware of his/her reputation and was unable to adapt to his/her daily life and social life, thereby protecting others throughout his/her life.

arrow