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(영문) 의정부지방법원 2018.10.19 2017고합354
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2017, the Defendant would purchase a letter to the victim E (the victim E, who is a class 1 disabled person, 22 years of age) in front of a mutually cafeteria, “D” in the Namyang-si, Namyang-si, Seoul.

In other words, after entering the victim into the above restaurant, the victim was seated on the side fucks of the victim, and the victim's bucks became only bucks.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. Report (Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes), each internal investigation report, investigation report (date of appearance of a suspect), request for the list of cases reported, request for investigation report (victim's guardian), request for data on investigation, and application of CCTV CD-related Acts and subordinate statutes;

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

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 main sentence of Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of various circumstances, such as the background of the instant crime, Defendant’s age, sexual conduct, social ties, criminal records (no history of sexual crimes), the risk of recidivism, the disclosure order and the effect of prevention of interests expected by the disclosure order and the notification order, disadvantages and side effects, etc., the Defendant’s personal information shall not be disclosed or notified.

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