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(영문) 수원지방법원안양지원 2020.12.23 2020고합159
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

The defendant served as a social work personnel at the C Protection Center located in Ansan-gu, Mayang-si, and the victim D (the age of 23) is a person with a th degree disability in the above Protection Center.

1. Around February 2020, the Defendant followed the victim, and sent the victim a kisk to the second floor of the protection center, allowing the victim to lock the door and prevent the victim from leaving the room, and displayed his sexual organ to the victim. The Defendant stated that “I kis kis kis kis kis kis kis kis kis kis kis kis kis

2. On May 27, 2020, the Defendant followed the victim on May 15:55, 2020, and sent the victim with the entrance of the above toilet to lock the door and prevented the victim from leaving the room, and displayed the Defendant’s sexual organ to the victim, and saying, “I kis kis it?? I kis kis kis kis kis?”

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

Summary of Evidence

1. Application of the statutes governing stenographic records of victims with disabilities of the defendant;

1. Article 6(3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act (amended by Act No. 17264 of May 19, 2020), Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (amended by Act No. 1720 of May 27, 2020)

1. Of concurrent crimes, the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on May 27, 2020 with heavy penalty);

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

1. Special cases concerning the punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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