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(영문) 춘천지방법원 2018.11.16 2018고합85
성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)
Text

The imprisonment with prison labor for the accused shall be two and a half years and six months.

For the defendant, 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The Defendant, as his father at the age of 27, was aware of the fact that the victim was incapable of intellectual ability due to a mental disorder of the second degree of intellectual disability (the total intelligence index 45, social index 45, and social age of 7 years and 3 months), and tried to do similarity with the victim by using it.

Around July 2017, the Defendant was running a computer game at the home of the Defendant located in Gyeyang-gu, Gangwon-gu, Yangwon-gun around the end of July 2017, and the victim was able to see television on the side of the Defendant, and was able to see the Defendant’s body by both descendants who expect his body, and her finger was knicked with her panty, and her finger was knicked into the part of the victim.

As a result, the defendant committed similar acts using the state of difficulty or resistance by the injured person due to mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of police statements made to C (two times);

1. Application of Acts and subordinate statutes to each report on internal investigation (including attached data);

1. Article 6 (4) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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 Juveniles from Sexual Abuse (the Defendant has no record of punishment for any sexual crime, and the Defendant is expected to have the effect of preventing recidivism even if he/she has completed a program to register personal information of the Defendant and complete a program to treat sexual crimes against him/her

I seem to appear.

The crime of this case alone has the tendency to commit sexual crimes against many unspecified persons against the defendant.

It is difficult to readily conclude.

In addition, considering all other circumstances, such as the defendant's age, family environment, and social relationship, which are shown in the argument of this case.

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