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(영문) 전주지방법원 남원지원 2016.09.08 2016고합15
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant's information about the defendant shall be made through an information and communications network for five years.

Reasons

Criminal facts

On June 12, 2016, the defendant and the person subject to an application for an attachment order (hereinafter referred to as the "defendants") issued by the defendant and the person subject to the application for the attachment order (hereinafter referred to as the "defendants") were the D office located in the Jeon Chang-gun of North Korea on the books of the office in order to receive the rice brought by the defendant by visiting it, the physical disability of the victim E (the victim, the disabled, the age of 24) who had received it in front of his/her office is limited to once on his/her own hand, and the victim's hump was not humped with the victim's hump, and the victim's hump was humped with his/her hand twice.

Accordingly, the defendant forcedly committed an indecent act on a person with a physical disability.

[The facts constituting the ground for attachment order] The defendant was sentenced to imprisonment with prison labor for one year for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (a minor rape, etc. under thirteen years of age) at the Southern District Court in the Southern District Court on October 19, 2001, and two years and six months of imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. on November 8, 2002 in the same court on July 26, 2007, and completed the execution of the sentence on June 22, 2012 by the same court on June 22, 201. Even if the defendant was sentenced to an electronic device from June 18, 2013 to June 17, 2016, the defendant committed the above sexual crime against the victim with a physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Stenographic records;

1. Welfare cards;

1. Investigation report (Attachment of CCTV images of office rooms), investigation report (victims investigated by the victim, CCTV CDs);

1. Previous records: Criminal records and investigation reports (where the same kind of case is attached to the judgment and personal confinement status data);

1. The risk of recidivism in the judgment: The following circumstances acknowledged based on the above evidence and the results of the prior examination of the claim, and the Defendant committed three times sexual crimes against children or juveniles.

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