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(영문) 전주지방법원 정읍지원 2018.05.16 2017고합63
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

The defendant, as a person with a mental disability of the first degree, was aware of in the participation of the victim C (V, 40 years old), who is a person with a mental disability of the third level, in various treatment programs conducted in D.

around 14:00 on August 1, 2017, the Defendant was in the dwelling of the Defendant, and was aware of it in peace at around 510, the building E, a building E, a building E, a building E, a building E, located in the territory of

During F and TV display together with the victim, the said F had the victim out of the above residence to have the mind of forcing the victim to commit an indecent act, and expressed the victim's desire to move the victim to side and refuse to move the victim's body by side by side loss. However, the victim's breast ties were forced to commit an indecent act on the victim's chest by inserting both fingers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to start internal investigation reports, internal investigation reports (Attachment of a recording file submitted by the injured party), investigation reports (Attachment of a picture to the damaged scene when the injured party makes a statement or video recording, attachment of expert opinion on sexual assault against the disabled, attachment of a disability diagnosis certificate, and photographing at the scene of the crime);

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act (the occupation of compulsory indecent acts by persons with disabilities and the choice of imprisonment);

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 shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the accused shall be a sexual crime committed before a mentally disabled person is a mentally disabled person.

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