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(영문) 수원지방법원 평택지원 2014.05.21 2014고합46
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2014, at around 01:00, the Defendant discovered the victim G (the age of 18) in front of the F department stores located in Guro-gu Seoul Metropolitan Government D (Road Name Seoul, Guro-gu) from the head of the taxi station in front of the taxi department department stores, and then divided the victim into the victim’s talks with the victim, became aware that the victim was a intellectual disabled person with a physical disability class 2. The Defendant was called the father of the victim and the father of the victim, and asked the victim to take care of the victim, and arrived at the victim’s apartment in front of the victim’s apartment located in Pyeongtaek-I (hereinafter omitted) that he operated.

The Defendant, at around 01:27 on the same day, committed an indecent act on the part of the victim who was suffering from mental disability due to the victim's chest, she was getting on the elevator of the above apartment, getting on the 14th and getting on the 14th and getting on the 14th and then getting on the knife of the knife, she laid on the knife of the victim's chest.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Recording a record of the statement of the victim prepared by the J;

1. Investigative report (including attachment CDs and photographs) by police preparation, recording and video images (including audio-visual CDs and caps to be taken);

1. Statement of the report on investigation of victims of sexual assault by children and persons with disabilities prepared by K;

1. Application of the statutes in which a copy of a welfare card is entered;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (3) and Article 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 of the Act on Probation, etc.;

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