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(영문) 춘천지방법원 원주지원 2017.08.16 2017고합15
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

The Defendant was the disabled in the third degree, and the victim E (the age of 50) was the disabled in the third degree, who was the disabled in the second degree, and the Defendant was aware that there was a disability that the disabled who was working in the same gathering while working in F, a group that was formed by the disabled in the public health clinic, while working in the public health clinic for the disabled.

On August 11, 2016, the Defendant completed a monthly conference of “F” at H cafeteria located in G in the original city of 17:00 on August 11, 2016, and came out from the outside, and subsequently, the Defendant used the victim’s right chest by his son’s hand to use the victim’s right chest as follows.

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

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of victims;

1. Statement made to I by the police;

1. An expert opinion on sexual assault incidents against persons with disabilities;

1. A victim's welfare card, a medical certificate for persons with disabilities, and a certificate for persons with disabilities;

1. Application of Acts and subordinate statutes of one copy of the damaged place andJ, and of the victim's welfare card;

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

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. Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 notify information, 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 (an order to disclose or notify the registered information may have a significant impact on the accused, and thus, it is necessary to pay careful attention to such an order.

The defendant has no record of punishment for a sex offense, the age, family environment, and social relationship of the defendant.

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