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(영문) 수원지방법원 평택지원 2019.02.15 2018고합208
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 of the final judgment.

Reasons

Punishment of the crime

On May 9, 2018, at around 16:40, the Defendant took the hand of the victim D(W), who is of intellectual disability 2 in front of Pyeongtaek-si B, was placed in Pyeongtaek-si F, the Defendant’s residence, and was placed in Pyeongtaek-si F, the Defendant was located in Pyeongtaek-si, the Defendant’s residence, and was laid off the victim, and was laid off his hand into panty, and was 2-3 times.

As a result, the defendant forced the victim with mental disability to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A victim's welfare card;

1. Application of statutes on site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Where a judgment of conviction is finalized with respect to the facts constituting the crime on which personal information is registered pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, risk of recidivism, and other circumstances such as disclosure or notification order, benefits and preventive effects expected from employment restriction order, disadvantages and side effects expected from such order, it is deemed that there are special circumstances that disclosure or notification of the Defendant’s personal information or restriction on employment with respect to children and juveniles-related institutions, etc.). As personal information is subject to registration pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the

Reasons for sentencing

1. Legal provisions;

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