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Reasons
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(영문) 대구지방법원 2016.05.20 2015고합523
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
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A defendant shall be punished by imprisonment for two years.

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

1. On May 1, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct against Persons with Disabilities) committed an indecent act by force against the victim who waits for an elevator at the entrance of the first floor elevator of Yongcheon-si, Young-si, the first floor elevator in Yongcheon-si, in order to use the victim for his own arms after the victim D (In these cases, 40 years of age, intellectual disability 3 level), and by holding the victim her chest on his/her hand, and by forcing him/her to commit an indecent act against the victim who has a mental disorder.

2. On August 1, 2015, the Defendant infringed upon the residence of the victim by opening a door door which was not locked in mind of the victim’s house in front of the house in the above apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement;

1. Statement made by the police for E;

1. A certificate for disabled persons;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the crime, Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 of the Criminal Act, Article 319(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which punishment is heavier, to the extent that the punishment is aggregated with the term of the above two crimes);

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 (wholly considering the favorable circumstances) of the suspended execution;

1. Article 62-2 (1) of the Criminal Act; the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no history of sex offense, and the

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