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(영문) 대구지방법원 2017.12.22 2017고합489
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2017, the Defendant reported the victims E (V, 32 years old) of Grade II intellectual disability in the mixed movement in D, around 16:00, around around 16:00, the Defendant reported the victim E (V, 32 years old).

50 50

Then, even though the victim was "a child", he/she had sparing the victim as his/her arms in the school, sparing the victim's chest with his/her hand, deducted the victim's body, and sparing "a child", he/she continued to do so.

The victim's her her her her her her her her her her her her her her her one

Accordingly, the defendant committed an indecent act on the part of the victim with intellectual disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes on internal investigation reports (the attachment of accompanying documents, such as certificates of persons with disabilities of victims) and accompanying materials;

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

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

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 Juveniles from Sexual Abuse (no record exists that the defendant has been punished for any sexual crime, and only a record of personal information registration of the defendant and a lecture for treatment of sexual assault can have an effect on the prevention of recidivism even if the defendant has no record of being punished for any

In light of all the circumstances, such as the defendant's age, family environment, and social relationship, the effect of sexual crime prevention, etc. which can be achieved by the public disclosure notification order compared to the disadvantages and expected side effects that the defendant may sustain, can be relatively less.

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