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(영문) 광주지방법원 2017.01.13 2016고합403
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On February 2016, the Defendant: (a) around 17:00 on February 2, 2016, at the office of the Defendant in Gwangju Mine-gu, Gwangju, the Defendant: (b) around 17:00, and (c) at the office of the Defendant in Gwangju Mine-gu, and (d) known to the general public, and the victim E (the victim, i.e., the victim, i., the victim, i., the victim, i.e., the victim, i., the victim, i., the victim, i.e., the victim and the victim had the Defendant’s house with the intent to drink.

While the Defendant was under the influence of D and alcohol, the Defendant was faced with the left chest of the victim who was sitting on his own hand.

Accordingly, the defendant committed an indecent act against a victim with a mental disability.

2. 위 1 항의 일시 이후 범행 피고인은 2016. 2. 일자 불상 저녁 경 광주 광산구 F에 있는 G 앞에서 의자에 앉아 동네 사람과 화투를 치고 있던 전항의 D과 피해자를 발견하고는 그 곁으로 다가가, “ 가르쳐 주겠다, 돈 따면 반 띵 하자” 고 하면서 피해자의 주변을 서성였다.

그러다가 피고인은 갑자기 피해자의 오른쪽 팔 윗 부분에 피고인의 성기를 비볐다.

Accordingly, the defendant committed an indecent act against a victim with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

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

1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as stated in paragraph (2) with heavier punishment);

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. 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 defendant] who is exempted from disclosure orders and notification orders;

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