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(영문) 광주지방법원 2016.02.03 2015고단4195
아동ㆍ청소년의성보호에관한법률위반(장애인추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On January 2014, the Defendant committed an indecent act against a disabled child or juvenile victim, who is a disabled child or juvenile, in line with the victim E (V, 14 years old), who was parked in D elementary schools located in Masung-gun, with all of his clothes cut off in front of that D elementary school.

2. On January 2014, the Defendant committed an indecent act against the victim, who is a disabled child or juvenile, in line with the victim’s house located in the name of the Defendant’s house located in the Gero-Gun F in the Southern Gero-gun of 2014.

3. On February 2014, the Defendant committed an indecent act against the victim, who is a disabled child or juvenile, in G market located in the Southern Masung-gun, with “school well-being.” and with the victim’s suffering, the Defendant committed an indecent act against the disabled child or juvenile.

4. On February 2014, the Defendant committed an indecent act against the victim who is a disabled child or juvenile, according to the G market located in the Southern Masung-gun, “school well-being.” and the victim’s suffering.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Investigation report (a certificate of persons with disabilities and a disability diagnosis report);

1. Application of Acts and subordinate statutes to expert opinions on sexual assault against persons with disabilities;

1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, as to the facts constituting the relevant crime;

1. Imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, record of the crime, contents and motive of the crime, method and result of the crime, order of disclosure or notification is disadvantageous to the defendant due to the exemption of the disclosure or notification order.

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