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(영문) 대전지방법원 2018.04.05 2018고합38
공갈미수등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 9, 2017, at the bus stops located in Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant left the bus stops with the victim E (17 years old) with intellectual disability 3 at the location of the D school bus stops, and then, up to the Daejeon, Seo-gu, Daejeon, where the victim’s residence, the Defendant was able to receive money from the victim who was able to receive money from the victim from the internal stairs of Gagra, and whether the money is money.

“Along with the fact that the victim’s satisf was unfolded, the victim’s satisf was not satisfy and did not commit an attempted crime.

2. Whether the Defendant continued to commit an indecent act against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by force against persons with disabilities), “dial-a-a-a-art is humping” to the victim

“In doing so,” the victim’s sexual organ was freshed with her hand, and was forced to commit an indecent act against the victim with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. A written E (No. 3 No. 5 of the evidence list);

1. Stenographic records;

1. Photographs of the place of occurrence, each internal investigation report (related to the CCTV image data outside the G apartment), (related to the mobile channel after getting out of the victim's bus), (related to the verification of CCTV image data for the purpose of use in the room), (related to the CCTV image data of the H bus), and video screen of the suspect's moving path;

1. Application of statutes governing certificates of persons with disabilities;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 352 and 350 (1) of the Criminal Act (the attempted crime, the choice of imprisonment), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of sexual crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which punishment is heavier, to the extent that the punishment is aggregated with the term of the above two crimes];

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).

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