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(영문) 전주지방법원 정읍지원 2017.10.18 2017고합29
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is a member of C with hearing impairment.

On February 18, 2017, the Defendant appeared together with the Victim D, who is a disabled person of Grade II with the hearing disability at the above Association General meeting held at the office located in Busan-gu Office at the Jeonsan-si Office at the Jeonsan-si, Seoul-si on February 18, 2017. However, the victim and the victim did not seem to appear at the meeting of the above general meeting and did not have any way until the previous day.

After the end of the above general meeting of shareholders, the defendant found the victim who was moving to a restaurant in front city E at the “F’s crosswalk in front city E” cafeteria in front city, and was in mind of coercioning to force the victim, and the victim's scam from the rear side of the victim scam in front city, and expressed his intention to scam the victim's body with his body and scam with scam that the victim tried to get out of the victim's body and scam with scam, but the defendant tried to scam and scam the victim's shoulder. However, the victim's scam was forced by double arms.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to D (tentative name) and G;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemption from Order to Attend: The fact that there is no past record of sex crime and contingent crimes, and the need to impose an order to attend a lecture is relatively little because the defendant reflects wrong, and the defendant is a deaf-mute.

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