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(영문) 대구지방법원 2019.05.03 2019고합12
성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (one, the second, the second, the second, the second, the second, the second, the second, the second, the second is the person with intellectual disability and the two are the person with disabilities in the Gyeongsan.

At around 14:00 on September 2, 2018, the Defendant, in a male toilet located in Sinsan-si, was off from the part of the victim himself, and was frighted from the part of the victim, and was frightd from the part of the victim, she was frightd from the part of the victim, she was frightd from the part of the victim, she was frightd from the part of the victim, and she was frightd from the part of the victim, and she was frightd from the part of the victim to the part of the victim.

Accordingly, the defendant committed similar acts using the victim's mental disability to resist, or to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Photographs of the place of crime;

1. Application of Acts and subordinate statutes to report internal investigation (including the list of evidence Nos. 14 through 21, each accompanying material), investigation report (including the list Nos. 22,25,26, 27, 29, and each accompanying material);

1. Article 6 (4) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 10(2) of the former Criminal Act (amended by Act No. 15982, Dec. 18, 2018); Article 55(1)3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders, 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, the proviso to 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) has been punished for sexual crimes prior to the instant crime.

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