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(영문) 대구지방법원 포항지원 2014.10.20 2014고합80
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 10:00 on July 19, 2014, the Defendant brought the victim E (the 25 years of age) with mental retardation disorder 1 in front of the Dastusususus in North-gu, Northern-gu, Northern-si, and brought the victim to the seat of the Defendant in the same Gu F.

At this point, the Defendant exceeded all the clothes of the victim, and met the chest and the negative part of the victim's hand, and even though the victim said, he continued to be "MaMa", the Defendant was attempted to visit the victim's father while intending to rape.

As a result, the defendant tried to rape a victim with mental disability by deceptive means or by force, but attempted to commit such rape.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement recorded in the video CD;

1. Each police statement concerning G;

1. Each investigation report (in relation to the statement of witness H, such as a shote, etc., a certificate of disabled person, a medical certificate, etc.);

1. A written appraisal;

1. Application of statutes on site photographs;

1. Articles 15 and 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. The reason for sentencing of a criminal defendant's personal information shall not be disclosed or notified in full view of the defendant's age, occupation, family environment, social ties, criminal record and risk of recidivism (no criminal record exists) under Article 47 (1) and the proviso to Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the case where there is a special circumstance that may not disclose or notify the defendant's personal information in light of the defendant's age, occupation, family environment, social ties, criminal record and the effect of recidivism

1. The scope of applicable sentences under law: Imprisonment for a period of two years and six months to twenty-five years.

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