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(영문) 춘천지방법원 속초지원 2014.10.30 2014고합26
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendants shall be punished by imprisonment for two years.

Provided, That the execution of the above punishment for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From July 10, 2013 to 12:00 early July 2013, the Defendants conspired to commit an indecent act against the victim by using the following knowledge: (a) the victim’s husband, the Defendants’ husband, the Defendant’s husband, the F of the Defendant, and the victim, who f of the said F while drinking alcohol together with the victim, went out of the house; and (b) the victim left the house; and (c) the victim f of the said F of the said F of the said F of the said F of the said F of the said F of the victim’s husband, the victim was sexually ill; and (d) the victim was unable to properly exercise his right to sexual decision, such as recognizing the victim’s intellectual disability Grade 2 of the said level,

Accordingly, Defendant A sent back to the victim the victim's panty and panty, followed the victim's hoty, and rejected the victim's posty, but continued to talk with the victim's hosium, and Defendant B got off the victim's posty and got off the victim's her chest with the victim's her hand.

As a result, the Defendants conspired to commit an indecent act against the victim with mental disability.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement made by the victim E in the statement video CD;

1. Each written statement of the police prepared to G and H;

1. Each report on investigation;

1. Application of statutes on a copy of a welfare card and a certificate of disabled persons;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Articles 298 and 30 of the Criminal Act;

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 (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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, and the Act on Special Cases concerning the Punishment,

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