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(영문) 청주지방법원 2016.04.15 2016고합7
폭행등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant and the victim C(46 years, women) are all residents of the same kind with mental disorders of class 3.

1. Around September 2013, the Defendant: (a) heard the victim, who was getting a bus in front of a mutual influent church in the Gun E, and talked with the victim, who was talked with him; and (b) assaulted the victim in his hand when he was her upper part of the victim’s left chest part of the chest by her hand.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against persons with disabilities) committed an indecent act by force against a victim with a mental disability on September 2013, the Defendant committed an indecent act by force, by holding the victim’s chest only once on the part of the victim’s home located in Gun E, in the case of a defect that the victim cannot be deemed a person who suffered damage from the body of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Video recorded CDs or stenographic records related to C;

1. Opinion of an expert on an investigation report (Attachment of expert opinions), a child, or a statement in a sexual assault case against the disabled;

1. Application of Acts and subordinate statutes (No. 14, 16 No. 14 and 16 of evidence records);

1. Relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of assault and assault, the choice of imprisonment), Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (the point of indecent act by force against persons with disabilities, the choice of imprisonment, etc.);

1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Punishment, etc. of Sexual Crimes with heavy punishment;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Exemption from an order of disclosure and notification;

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