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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
The defendant is a foreigner of his nationality in Bangladesh, and the victim B (the life expectancy, the age of 25) is a disabled person with intellectual disability 2. The defendant and the victim are able to teach about five years with about five years, and they are hedgingd around January 20, 202.
On February 22, 2020, around 11:10, the Defendant discovered the victim in front of the public toilet located in the subway station in Seongbuk-gu, Sungnam-si, A around 11:10, and then, the victim et al. al. am hly with his own arms, and divided the chest into his hand.
Accordingly, the defendant committed an indecent act against the victim who is a disabled person.
Summary of Evidence
1. The application of statutes on expert opinions of victims of sexual assault against persons with disabilities, such as the victim's statement made by the defendant in court, each investigation report (in the case of external investigation, the second step of the team leader of the E Center, telephone conversations between the victim and the victim), the victim's welfare card copy, the victim's welfare card copy, the statement assistant's report
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 for which the relevant criminal facts are selected (amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act (elective of imprisonment)
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Act on the Suspension of Execution (hereinafter “Special Cases concerning the Punishment, etc. of Sexual Crimes”), Article 47(1) and Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 49(1) proviso and Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) (the defendant has no record of punishment in the Republic of Korea)
It is difficult to readily conclude.
It is expected that the effect of preventing recidivism can be expected due to the registration of personal information on the defendant and the lectures of sexual assault treatment.
I seem to appear.
In addition, the defendant's age, occupation, details and motive of the crime, the method and result of the crime, and the disclosure and notification order will be disadvantageous to the defendant.