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(영문) 창원지방법원 2016.06.16 2016고합54
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a person with visual disability who has served as the president of the chapter C of the Association of Persons with Disabilities, and is a victim D (V, 53 years old).

On August 16, 2015, the Defendant: (a) on August 21, 2015, at Changwon-si, the victim’s house located in E, saying, “I am h. h. h. h. h. h. h. h. h. h. h.) on the left side of the victim’s house, the Defendant met the victim’s left chest by hand.”

As a result, the suspect forced the victim with visual disability to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of victims;

1. The application of statutes, including replies to requests for cooperation in investigation (such as certificates of victims with disabilities) and accompanying documents;

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. In full view of the Defendant’s age, occupation, family environment, social ties, criminal record (no record of the same kind of crime), risk of recidivism, and other various circumstances, such as the benefits and effects expected by the disclosure order or notification order of this case, disadvantage and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

If the criminal facts in the decision on the registration of new information are confirmed guilty, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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