logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.01.16 2014고합510
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 1, 2014, at around 03:00, the Defendant: (a) frighted the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her herst her

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

2. Around 01:00 on June 4, 2014, the Defendant, at the victim’s house, was drinking with the victim by means of the victim’s jum.

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

3. On June 5, 2014, around 18:40 on June 5, 2014, the Defendant got off the victim’s her jum in front of the victim’s home by means of two-time jum distance.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements of victims and attach copies of welfare cards for persons with disabilities);

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a person who commits concurrent crimes with the punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on or around June 5, 2014, the largest penalty for the crime];

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. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2), (3), and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant, personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

arrow