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(영문) 대전지방법원 홍성지원 2015.10.22 2015고합85
간음유인
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] On December 9, 2009, the Defendant was sentenced to three years of imprisonment for robbery, injury, etc. by the Daejeon High Court and was released on February 29, 2012 in the Daejeon Prison on the execution of the sentence. The same year

7. 20. The parole period has expired.

【Criminal Facts】

On November 24, 2014, the Defendant: (a) was willing to find employment with the victim C(s) with intellectual disability 2; (b) had sexual intercourse with the Defendant’s home; (c) sought to find the victim’s home located in Bosa City D around November 24, 2014; and (d) sought to “C employment with the victim’s and the parent of the victim; (c) left the house of the Defendant in Bosa City E, Bosa City.”

Accordingly, the defendant inducedd the victim for the purpose of sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Stenographic records or transcript;

1. An expert opinion on sexual assault against a child or disabled person;

1. Photographs of the damaged site;

1. Records before judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect records);

1. Article 288 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes Cumulative Offense;

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. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The scope of punishment by law: Imprisonment with prison labor for one year - ten years;

2. Application of the sentencing guidelines (determination of types), where the person has kidnapped, induced, trade crimes on personal life, kidnapping and inducement, and the reduction elements of types 2 (Kidnapping and inducement for the purpose of adultery): Where the person is physically or mentally disabled (where the person is physically or mentally disabled, the scope of the recommendation field and the scope of the recommendation): Basic area, one year and six months, - April 6 (in cases of repeated crimes under Article 3 of the Act on Special Cases concerning the Punishment of Specific Crimes, the upper and lower limit of the scope of punishment and the amount of punishment shall be increased by 1.5 times);

3. Determination of sentence: One year of imprisonment; and

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