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(영문) 광주지방법원 2019.01.11 2018고합470
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

The defendant is a person who resides in the Southern-gu B apartment C and is a person with a intellectual disability of Grade III residing in the above apartment unit D, and is a neighbor E (Ga name, 51 years of age, leisure).

On August 7, 2018, at around 10:35 to 10:40, the Defendant discovered the victim in front of the G convenience point calculation unit located in Gwangju Nam-gu, Nam-gu, Gwangju, and tried to have the victim cut off with the victim's back, the victim's back, and the two descendants.

Accordingly, the defendant committed indecent act against the victim who is the disabled.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of E’s statement;

1. Application of the Acts and subordinate statutes to photograph CCTVs at the place of occurrence (G convenience points) and images images;

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 crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual 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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the fact that there is no past record on a sexual crime against the accused, the extent and expected side effects of the accused’s disadvantage due to an order to disclose or notify information, the effects of preventing sexual crimes subject to registration that may be achieved therefrom, and the effects of protecting victims of sexual crimes subject to registration, etc., it is deemed that there is

1. Grounds for sentencing under Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. The scope of punishment by law: Imprisonment with prison labor for one year and six months;

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