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(영문) 전주지방법원 정읍지원 2018.04.10 2017고단509
강제추행
Text

The punishment of the accused shall be eight months by imprisonment.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, as a person with a disability in the third degree of intellectual disability, has weak ability to discern things or make decisions due to mental retardation, and on September 2, 2017, the Defendant: (a) as a person with a disability in the third degree of intellectual disability, he was prepared to be placed in a regular Eup prison in the vicinity of the small Eup, which is located in the direction of the small Eup, in the low-speed area of the small Eup, in around 20:00 on September 2, 2017.

“At the time of the indecent act by force against the victim’s her hand, including the indecent act by force against the victim’s her am.

9. During the period of 17.17. When the injured party received drinking water or mosing away, the injured party’s her son was forced to commit an indecent act by force by her son and her son.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D, E, and F;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information of a sexual crime under Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a person subject to registration of personal information pursuant to Article 43 of the same

The reason for the sentencing [the scope of the recommended punishment] is the case where the exercise of the tangible force (1 month to 1 year) in the area of special mitigation (1 month to 1 year) (a person with special mitigation) is considerably weak, the mental and physical weakness (no person responsible for himself/herself) as follows: the sentencing factors and the defendant's age, family relationship, occupation, environment, etc. are as follows.

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