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(영문) 의정부지방법원 2017.11.09 2017고합298
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

On March 2, 2017, the Defendant considered the victim E (the age of 24) with the intellectual disability 2 in the process of purchasing the goods as the convenience store at the “D” convenience store in front of the above apartment complex 1 complex at the time of the government around 21:00, the Defendant left the above apartment complex, followed the victim who was staying home within the above apartment complex, kid the victim’s hand, kid the victim’s seat, kid the victim’s seat, and kidd the victim’s seat within the above apartment complex, and kid the victim’s body by putting the victim’s knick with the above kbbbbs.

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. Records of statements made for damage;

1. Opinion of experts on sexual assault incidents against persons with disabilities and their response to investigation cooperation;

1. The contents of the report, each investigation report and each internal investigation report; and

1. A receipt to purchase the victim's objects, and the victim's picture at the time when the statement is recorded;

1. Application of convenience stores, CCTV photographs, convenience stores, and on-site CCTV photographs, video-recording CDs, and surrounding CCTV-related Acts and subordinate statutes;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing has been repeated for more favorable circumstances);

1. Article 16 (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes;

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 an order to disclose or notify information, 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 fact that the accused has no record of being punished for committing any sexual crime, the fact that the accused has no record of being punished for committing any sexual crime, the registration of personal information of the accused

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