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(영문) 청주지방법원 영동지원 2013.10.23 2013고합15
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

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

The defendant and the victim E (the age of 41) are the victims of intellectual disability of class 3 due to the gap between neighboring people living in the same village.

1. Around March 2011, the Defendant committed an indecent act against the victim by taking advantage of his/her mental disability that he/she was unable to resist, by taking the victim’s knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/her knife with his/

2. At around 14:00 on May 28, 2013, the Defendant committed an indecent act against the victim by taking advantage of his/her mental disability, by making him/her enter the victim’s residence as a room, allowing him/her to talk with the victim’s arms, inducing the victim’s fingers with his/her fingers, allowing him/her to talk with his/her sexual organ, making him/her talks with his/her fingers, and allowing him/her to do so once kiscing the victim’s kis on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Protocol stenographic records (victim statement);

1. Video CDs in each victim's statement;

1. Application of statutes on copies of welfare cards for persons with disabilities;

1. Article 6 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Article 298 (1) of the Criminal Act; Article 6 (3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 299 of the Criminal Act; Articles 299 (Criminal Crimes under paragraph (2) of the Criminal Act; and choice of imprisonment, respectively, concerning the punishment of sexual crimes

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and children and juveniles.

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