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(영문) 대구지방법원 2016.04.22 2015고합581
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant was well aware of the fact that he was a victim C (Woo, 15 years old, intellectual disability 3 level) who was living in the same Dongdong.

On May 2015, the Defendant got a bus from a school and returned home to the orchard of the Defendant, who is located in E located in Cheongdo-gun, Cheongdo-gun, Gyeongbuk-do-gun.

After that, the defendant, in the above deaf-gu, laid his hand within the victim's breath and boomed his part, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement;

1. C Disabled persons' certificates;

1. Application of statutes, such as site photographs;

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the details of the crime indicated in the records of this case, the relationship with the victim, the relationship with the victim, the circumstances after the crime, etc., of Article 49(1) proviso, Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an disclosure order and a notification order, and the circumstances after the crime, there is a risk that the defendant might commit the sexual crime and repeat the crime;

In light of the degree of exercise of the instant tangible force, Defendant’s age, sexual conduct, family environment, and social relationship, etc., in full view of all the circumstances, including the fact that the registration of personal information and the completion of a program to treat sexual assault can be seen as having the effect of preventing recidivism and protecting juveniles from sexual crimes, there is a special circumstance that may not disclose and notify Defendant’s personal information.

[Determination]

Where a conviction against a defendant who has registered new information becomes final and conclusive, the defendant shall be punished for sexual crimes.

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