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(영문) 창원지방법원 거창지원 2016.12.29 2016고합38
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 30, 2015, at around 15:08, the Defendant: (a) visited the above store in the D Hospital Hospital Docheon-gun, Chungcheongnam-gun; (b) decided to commit an indecent act against the victim E, a disabled person of Grade III with intellectual disability, who visited the store; and (c) decided on the victim’s breast part of the victim, by inserting the victim’s hand into the victim’s inner part; and (d) the victim resisted the victim’s chest; and (e) determined that “Isle, Isle, Isle, Isle, Isle. Isle, Isle. Isle. Isle. Isle. Isle. ma. Isle.).” However, the Defendant continued to put the victim’s hand into the lower panty line that the victim suffered, and again, the victim gets off her bridge, and she took off her part of the victim’s hand, and continued to put the victim’s part into her own part and part.

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

Summary of Evidence

1. The statement of the victim recorded in the video CD;

1. Each report on internal investigation (the attachment of a written confirmation of admission and discharge, the attachment of a written diagnosis of the victim with disabilities, the attachment of a certificate of victim with disabilities, and the attachment of a report on investigation (the place of crime

1. Statement of opinion prepared by the F;

1. Application of each video statute to CCTV on-site photographs and CCTV video CDs;

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

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), Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 59 (1) of the Act on Probation, etc.;

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 a notification order; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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