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(영문) 전주지방법원 정읍지원 2015.08.28 2015고합20
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The punishment of the accused shall be determined by one year and six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

around 1:21 March 25, 2015, the Defendant: (a) considered the victim C(56 years of age) with mental disorder 3 in the body training room of the draft comprehensive social welfare center located in 134, Banananan-gun, Seoan-gun-gun, Banan-gun, as a person with hearing disability 2, as a person with hearing disability 1:21 on March 25, 2015; (b) considered the victim C(56 years of age) seated in the physical training center of the draft comprehensive social welfare center; and (c) brought the victim(s) behind the victim(s) and brought the victim(s) about three times by hand.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records concerning C;

1. Investigation report (investigation related to attachment of photographs of a criminal scene);

1. Application of statutes on welfare cards;

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;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: In full view of the Defendant’s age, occupation, family environment, criminal record, and risk of recidivism (no criminal record) recognized in the record, and profits and preventive effects expected by the disclosure order or notification order of this case, and disadvantages and side effects therefrom, there are special circumstances where the Defendant’s personal information may not be disclosed

Where a conviction becomes final and conclusive on the facts constituting an offense subject to registration, which is a sex offense subject to registration, the accused.

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