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(영문) 대구지방법원 2016.07.01 2016고합83
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

(b) there are extenuating circumstances in which the disclosure or notification of personal information of the accused is prohibited.

[Determination]

Where a conviction becomes final and conclusive against a defendant who has registered personal information, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. One year to forty-five years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Basic Crimes - Crimes of Violation of the Act on Special Cases concerning the Punishment, etc. of Specific Sexual Crimes (Indecent Act by Fraudulent Means, etc. against Persons with Disabilities) [Type 2 (Special Sentencing/ Indecent Act against Persons with Disabilities 13 or more)] Aggravation elements: The elements to mitigate the crimes committed by employees, such as persons without reporting or protective facilities, etc.: The scope of punishment is not to be imposed [the scope of decisions and recommendations in the sphere of recommendation], the basic area of punishment [the scope of punishment and recommendations], 1 year and 3 months to 2 years and 6 months * Indecent act by force, the upper and lower limits of punishment are to be mitigated to 1/2, respectively.

B. It is not subject to the sentencing guidelines, since each of the above crimes whose sentencing guidelines were set and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes) in Article 3 of the judgment that did not set the sentencing guidelines, are committed for at least one year and three months after the application of the sentencing guidelines for multiple crimes.

A. Since the concurrent crimes of the former part of Article 37 of the Criminal Act are in the concurrent crimes, the lower limit thereof shall be based on the lower limit of the range of sentence in the sentencing criteria for the crimes for which the sentencing criteria are

3. The Defendant, as a special reflectr teacher, was in the position to educate the victims of intellectual disabilities so that they can have a sound character and sexual values, and to protect the victims so that they may grow to a sound social person by protecting them, but he was able to do so by taking advantage of the superior position as a teacher and personal trust relationship of the victims.

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