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(영문) 전주지방법원 군산지원 2013.10.25 2013고합64
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the deceased of C, and the victim D(n, 21 years old) was a disabled person of Grade II with intellectual disability, and was aware of C's son's son's son's son's son's son from March 2013.

On April 22, 2013, at around 22:00, the Defendant received contact with C and sent the victim to C’s house located in Isan City E, and attempted to commit an indecent act against other victims at around 22:30 on the same day.

The Defendant left the son’s son in his house with only the son’s son’s son’s left hand and her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s hand, and her son’s son’s son’s son’s son’s son’s son’s son’s son’s hand, and her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s k

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of statutes on a copy of a welfare card;

1. Article 6 of the relevant Act on Criminal Crimes and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) on the Punishment, etc. of Sexual Crimes for which the choice of punishment is

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

1. Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258), Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 10258).

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