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(영문) 대구지방법원 포항지원 2016.06.27 2016고합34
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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

On December 8, 2015, around 12:00, the Defendant saw the victim E (Woo, 43 years old, delayed disability 2 grade) who was seated and talked at the D resting room located in South-gu, Nam-gu, Chungcheongnam-gu, Gyeong-si, and tried to have the victim her own in mind by reporting the victim E (Woo, 43 years old, delayed disability 2 level) to commit an indecent act.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E’s statement in video recording CDs;

1. Reports on internal investigation (Attachment to certificates, etc. of disabled persons of victims);

1. Application of the Acts and subordinate statutes governing CCTV images;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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. In full view of the following circumstances: Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order to notify, the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles (the Defendant’s age, family environment, social relationship, criminal record, and the degree of risk of recidivism recognized as recorded on the record; the benefits and effects expected from the disclosure order and the order to notify this case’s disclosure order; and the disadvantages and side effects therefrom, the effect of preventing recidivism can be achieved even

As seen, there is a special reason not to disclose or notify the personal information of the accused.

The reason for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be general standards, and sex offenses against disabled persons (not less than 13 years old);

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