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(영문) 서울중앙지방법원 2017.04.14 2016고합1384
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, as a vice president of the “D,” the welfare facility for the management of Defendant’s wife located in Dongjak-gu Seoul Metropolitan Government, is a person in charge of the operation of a shuttle bus operation, etc. of the above center, and the victim E (the “32 32 3” written indictment of the age 29 is a clerical error, and such correction is made accordingly

of intellectual disability 3 is a person who uses the above center as a person with a disability.

On January 2014, the Defendant: (a) operated as a victim’s residence in Gwanak-gu in Seoul Special Metropolitan City on the date of January 2014, the Defendant laid up the victim’s own hand into the victim’s panty line, which was opened from the driver’s seat of the Fone Starsch Rexroth in Seoul Special Metropolitan City, and 2 and 3 times.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statements and stenographic records contained in video recording CDs;

1. Requests for connection or certificates of persons with disabilities;

1. Report on internal investigation (Attachment of the statement and analysis opinion on sexual assault against children and persons with disabilities, specification of the person under suspicion);

1. Application of the Acts and subordinate statutes to the investigation report (the process of video recording investigation and the written confirmation of counseling for the Seoul Women with Disabilities; the addition to the written confirmation of counseling);

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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 or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no criminal record exists for the defendant, the defendant is divided into and against his/her own crime, his/her age, family relationship, social relationship, etc.).

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