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(영문) 인천지방법원 2017.11.24 2017고합611
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On January 22, 2017, at the defendant's house located in Bupyeong-gu Incheon Metropolitan City C and 201 around 15:30 on January 22, 2017, the defendant was aware of the fact that the victim was suffering from mental disorder by being aware of about 30 years prior to the victim D (n, 16 years of age), parents of the victim D (n, 16 years of age) who was a child or juvenile with intellectual disability, and the victim visited the defendant in the heart of his parents who brought about the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the bend of the mental disorder, and did not sufficiently understand the meaning of sexual behavior. In order to commit an indecent act against the victim by using the fact that the victim was unable to take a normal accident and was able to understand the meaning of sexual behavior

It is also possible to go through the city.

The term “the victim’s chest with his/her left hand by breaking his/her shoulder” means “the victim’s chest with his/her left hand,” followed by having the victim take place on the job.”

“The victim’s panty and panty turn out by both hand.”

Accordingly, the defendant committed an indecent act by force against the victim who is a child or juvenile with a mental disability as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes on welfare cards;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a indecent act against the disabled person), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act on the crime;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) ;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Children or juveniles exempted from an order to notify disclosure;

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