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(영문) 광주지방법원 순천지원 2019.07.04 2019고합66
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:30 on July 13, 2018, the Defendant: (a) asked the victim D (one person, two years of age, and twenty) who was judged as intellectual disability 2 to the effect that he is "influence of body" with a mobile phone; (b) stated that the victim "no," and said that the victim would do so again; (c) had the victim of the Development Institute members of the Development Institute, who was influence, waits for the first time to leave the female toilet of the Development Institute; and (d) said, the Defendant also opened the victim who was going into the female toilet of the Development Institute, and opened the door to the effect that "the victim was able to be able to fluent and fluent," and said that "the victim was fluened off the body of the victim," and put the victim into the victim's sexual harbor of the Defendant into the victim's fluence.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Stenographic records;

1. Details of consultation;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a statement of victim's psychological assessment);

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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, the possibility of recidivism by the accused 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 extent and expected side effects of the accused’s disadvantage due to the accused’s order to disclose or notify, the prevention of sexual crimes subject to registration which may be achieved therefrom, and the effects of protecting the victims of sexual crimes

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