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(영문) 서울중앙지방법원 2017.06.15 2017고합465
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a 6th degree disability of brain lele, and was aware of this intellectual disability by using D comprehensive welfare center located in Dongjak-gu Seoul Metropolitan Government, with the victim E (Woo, 36 years of age, mental retardation Grade 3).

On March 7, 2017, at around 12:26, the Defendant was seated in the original form, where a book in front of the first floor restaurant of the above welfare center was displayed. The Defendant discovered the victim who reported the book at the nearby place, knife the victim’s name by hand, and then the victim’s knife the victim’s knife with his own hand, and became a person in charge of the victim’s knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E stenographic records (victim's statement);

1. A report on the occurrence of a sexual crime (any indecent act by compulsion of persons with disabilities on special cases concerning the punishment, etc.

1. Each report on internal investigation (the sequence 6, 7, 8 of the evidence list);

1. Each investigation report (the sequence 20 of the evidence list);

1. Welfare cards of victims;

1. Statement and analysis opinion on sexual assault cases against children and persons with disabilities;

1. CCTV images CDs at the scene of a crime;

1. Application of the Acts and subordinate statutes to the victim's forest;

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. 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 on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant is a primary offender, and the instant crime is committed against many unspecified persons solely on the basis of the instant crime;

It is difficult to readily conclude, only with the registration of personal information of the defendant and the lecture order for treatment of sexual assault, to prevent recidivism.

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