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(영문) 수원지방법원 2017.08.31 2016고합766
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") is a person with a intellectual disability 3, and the victim C (n, 30 years of age) is a person with a intellectual disability 2.

On June 21, 2016, around 00:0, the Defendant: (a) had access to the second floor of the E subway Station, which is located in D, to drink the victim; and (b) had the victim forced the victim to commit an indecent act while returning to the Sinwon-si.

At around 04:00 on June 21, 2016, the Defendant: (a) singing the victim’s singing room F in Suwon-si, and singing the victim’s singing room 2 at the said sing room; (b) sing the victim’s singing the hand by inserting the hand with the victim’s clothes; (c) sing the chest and single on one occasion; and (d) sing the victim’s singing the Defendant’s singing on the back; (b) sing down the victim’s singing on the part of the Defendant; (c) but (d) sing down the victim’s bucks and arms; and (d) sing the victim’s sing

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the Gyeonggi Sea Center;

1. Video-recording CDs recorded by the victim;

1. Certificates of persons with disabilities related to C;

1. Investigation report (verification of suspect and victim's intelligence index);

1. Application of statutes on site photographs;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be considered as follows;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to attend lectures and the protection and observation;

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 a notification order, and the protection of children and juveniles against sexual abuse;

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