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(영문) 대구지방법원 2019.11.22 2019고합344
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2019, the Defendant, at the house of the Defendant, B of the building No. 3 in Busan Metropolitan City on May 2, 2019, was on the victim D (W, 12 years old), who was aware of his intellectual disability in the same roof, was on the part of the victim and on the part of the victim, and was on the part of the victim, on the part of the victim.

Accordingly, the defendant committed an indecent act on the part of a child under 13 years of age with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on internal investigation (a video recording and stenographic records attached to victim D), stenographic records;

1. Reports on internal investigation (Attachment to the outline, etc. of the preparation of the first police officer in exclusive charge of the school which received such report), and cases suspected of sexual assault at G schools

1. A copy of the counseling day;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities and copies of disability diagnoses;

1. Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion of minors under the age of 13),

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age with heavier punishment) ;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for mitigation of a small amount (the following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. It is difficult to readily conclude that a defendant has no record of committing any sexual crime against him/her under 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 circumstances and methods of committing the instant crime, etc., and the Defendant’s age, occupation, environment, and details, circumstances, and consequences of the instant crime.

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