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(영문) 광주지방법원 순천지원 2017.02.16 2016고합227
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2016, at around 09:40, the Defendant discovered that he had been waiting for the instant bus as a victim F (name, leisure, 20 years old) of intellectual disability 2 in the E Welfare Center, which had previously been located in the E Welfare Center prior to the discovery, had the victim go in the toilet, and had the victim go to the right to the right to the right to the right to the right to the right to the right to the right to the right to the side of the female toilet gate in the D area, and had the victim go to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right and the right to the right to the right to the right to the right and the right to the right to the right and the right to the right and the right to the right and the right to the right to the right are exercised.

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 on the F;

1. Statement of the police statement related to G;

1. Application of statutes on site photographs;

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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommended punishment on the sentencing guidelines [the types of decisions] and the general standards for sex offenses against disabled persons (not less than 13 years old): Two types of sex offenses against disabled persons (sexual intercourse and forced indecent acts) [the special sentencing factors] mitigation factors: The area of mitigated punishment [the scope of recommended punishment]: One year and six months to three years.

3. The crime of this case, which was decided to sentence sentence, is an indecent act committed by the Defendant in the toilet with the victim with intellectual disability and by force, and the nature of the crime is not good, and the victim suffers a considerable physical or mental pain due to the instant crime.

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