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(영문) 의정부지방법원 고양지원 2015.08.28 2015고합52
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Text

A defendant shall be punished by imprisonment for seven years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

[2015Gohap52]

1. Defendant's legal statement;

1. C’s legal statement;

1. A welfare card (2015,063);

1. Defendant's legal statement;

1. C’s legal statement;

1. A photograph of the damaged part of the victim (2015, 105);

1. Defendant's legal statement;

1. Stenographic records;

1. Application of statutes to professional opinions of child sexual assault cases;

1. Relevant provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment of Specific Crimes by Force of Persons with Disabilities: The occupation of retaliation or assault under Article 6 (5) of the Act on Special Cases Concerning the Punishment, etc. of Specific Crimes: Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act by force of minor under the age of 13: Article 7 (5) and (3) of the Act on Special Cases Concerning the Punishment

1. Of concurrent crimes, an aggravated punishment for concurrent crimes provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an aggravated punishment for persons with disabilities, fraudulent means, etc.) among concurrent crimes;

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

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 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 is difficult to readily conclude that the Defendant has no record of having been punished for a sex offense prior to the instant crime, and thus, there is no risk of recidivism or recidivism of a sexual crime. The completion of personal information registration and sexual assault treatment program alone appears to have

In addition, in full view of the developments of the instant case, the disadvantages and side effects of the instant disclosure order or notification order are more likely to be affected than those expected to be expected by the disclosure order or notification order, the special circumstances that should not disclose and notify the personal information of the Defendant.

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