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(영문) 인천지방법원 부천지원 2017.04.14 2016고합294
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 2013, the defendant came to know of the victim D (n, 65 years of age) through the introduction of C, which is a branch around 2013.

At around 22:00 on April 11, 2016, the Defendant: (a) demanded the victim to provide alcohol from “F” in the operation of the victim located in Yangcheon-gu Seoul Metropolitan Government, and (b) committed an indecent act by committing an indecent act against the victim by driving the victim to the damaged carter by using the victim’s hand.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statements made by witnesses D in the second public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Complaint;

1. Application of Acts and subordinate statutes to one copy of stenographic records, copy of a complaint, accusation, etc., investigation report (Attachment of field photographs of the case), photo, CD four copies, investigation report (Attachment of summary order of this kind), and summary order;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Article 16 (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes;

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 disclose or notify, and Article 49(1) 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 Defendant has no record of having been punished for any sexual crime committed before the instant crime; and the Defendant has a risk of preventing an unspecified number of women against sexual crimes in light of the substance of the instant crime;

In full view of the circumstances such as the fact that it is difficult to readily conclude, the fact that the registration of personal information of the defendant and the order to attend lectures can be seen as having the effect of preventing recidivism, there are special circumstances in which the defendant may not disclose or notify personal information.

( recognized) For the registered Defendant of new commercial information.

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