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(영문) 서울서부지방법원 2016.11.14 2016고합241
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 2, 2016, while the Defendant performed community service order in Eunpyeong-gu Seoul Metropolitan Government “E” from around May 2, 2016, the Defendant committed an indecent act against the victim of the disabled by forcing the victim of the disabled in a manner that the victim F (n, 24 years old), who is a intellectual disability with the center’s corridor from May 18, 2016 to the victim F (n, 24 years old), who passed through the center’s corridor on May 18, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records, video CDs made in the victim’s statement;

1. CCTV-cap photographs and CCTV-recording CDs;

1. Application of Acts and subordinate statutes to request investigation, written judgments, written command for execution of community service orders, probation cards, welfare card copies;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Grounds for sentencing in full view of all the circumstances such as the disclosure order and the exemption order and the exemption order of notification order, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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 defendant has no record of punishment for a sexual crime previously committed, the defendant's personal information registration and order to complete a program can expect the effect of preventing recidivism to a certain extent, the profits expected to be expected by the disclosure and notification order and the preventive effect, disadvantages and side effects of the defendant, etc.]

1. Scope of applicable sentences under law: Fines of 10 million won to 25 million won;

2. That the sentencing criteria are not applicable as the person has selected a fine.

3. Determination of sentence: The sentence of a fine of 15 million won shall be sentenced to imprisonment with prison labor for a crime of attempted robbery on December 2015 and three years and six months after suspension of execution.

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