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(영문) 창원지방법원 통영지원 2013.08.29 2013고합41
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

A victim C(25 years old) is a person with a mental disability, such as a serious fall of the ability to understand and express language due to intellectual disability II, and a person with a significant fall of understanding and judgment on social circumstances.

Since the defendant resides in the same village as the victim, he was aware of the victim's mental disability.

On April 19:30, 2013, the Defendant forced the victim to leave his panty and panty in the residence of the defendant located in Jinsung-gun, Jinnam-gun, and forced the victim to cover his panty, and then collected his fingers into theus, and met with his fingers by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each investigation report (to attach opinions of the victim, photographs, etc. of the suspect's residence, etc., to the suspect's residence, to attach his/her photograph, to the suspect's residence, and to append his/her certificate of disabled person), investigation report -

1. Domestic history report - The attachment of a counseling center for the prevention of Materns, women with disabilities;

1. Application of each stenographic record (in 9 pages, 52 pages) statute;

1. Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

1. Where a conviction of the accused who has registered the personal information of this case under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse is finalized, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit such information to the competent agency pursuant to Article 43 of the same Act.

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