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(영문) 광주지방법원 2014.04.03 2013고합594
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

The Defendant is a person who served as the secretary general of D Association E-branch from January 1, 200 to July 30, 2013.

On June 13, 2013, at around 10:30, the Defendant discovered the victim He (n, 55 years old), who was disabled by the above welfare center, in front of the second floor office of G Welfare Center F, the Defendant committed an indecent act by force on the part of the victim by his own fault following the victim, etc., after having discovered the victim He (n, 5 years old), who was disabled by the above welfare center, and taken the victim into the office.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to criminal investigation reports (Attachment of video recording CDs) and recording records;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 16(2) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10567, Apr. 7, 201) and Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. In full view of all the circumstances, including the fact that the defendant has no record of criminal punishment for the same crime, and the benefits and effects expected by the disclosure order and the notification order of this case, and the disadvantage and side effect therefrom, the defendant's personal information is determined to be disclosed and notified as to the crime of this case against the defendant who has registered the personal information of this case (see, e.g., Supreme Court Decision 11162, Jan. 17, 2012); the proviso to Article 37(1) and the proviso to Article 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012).

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