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(영문) 의정부지방법원 2015.08.20 2015고합83
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 4, 2015, the Defendant, at around 11:00 on March 4, 2015, committed indecent acts by compulsion, the Defendant: (a) kept the victim, who was married in the above office, in both arms and parts of the victim’s chest (the age of 19), and the parents of the victim F (the age of 19), who was in physical disorder 2, in the E office located in Macheon-si; (b) held the victim, who was married in the above office, on several occasions.

Accordingly, the defendant committed an indecent act on the part of the victim with a physical or mental disability.

2. On March 10, 2015, the Defendant committed indecent act by compulsion on and around 10:46 on March 10, 2015, at the place indicated in paragraph (1) around 10:46, the victim’s parents were married between the victim’s parents and their parents were living together in the above office, and the victim’s chest was boomed on several occasions by hand, and the victim’s panty was panty and several times by hand.

Accordingly, the defendant committed an indecent act on the part of the victim with a physical or mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement of G and H;

1. An expert opinion on sexual assault against the disabled;

1. A copy of a welfare card;

1. Application of statutes on site photographs;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Crimes concerning the Punishment, etc. of Sexual Crimes committed on March 10, 2015 with heavy penalty)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) 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. 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 a notification order, the proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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