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(영문) 춘천지방법원 영월지원 2017.10.19 2017고합13
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the father of the victim C(M, 13 years old), and the victim is a disabled person of grade 2 with intellectual disability who has a mental delay level, ability to adapt to society is the mental delay level, ability to adapt to society, and lacks ability to exercise sexual self-determination.

On May 11, 2016, the Defendant left the Defendant as a scheme for the damaged person in his residence located in Pyeongtaek-gun D, Gangwon-do around the time of the invasion, and told the injured person to commit an indecent act against the victim by using that person’s sexual self-determination right is insufficient; he gets off the victim’s will; he gets off the victim’s clothes by inserting his hand into the victim’s knife’s knife’s knife, knife his clothes into the victim’s knife’s knife’s knife, knif

The term "" refers to the following.

As a result, the Defendant committed an indecent act against the victim by taking advantage of his mental disability that makes it difficult for the victim to resist.

Summary of Evidence

1. The legal statement of witness C and E;

1. Statement made by the police for E;

1. Application of the statutes on the statements of the victim recorded in video recording CDs;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. 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, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (no record exists that the defendant has been punished for any sexual crime, and there is no record that the defendant has been punished for any sexual crime, and that there is a risk of the

The effect of preventing the recidivism of the accused can be achieved only with the absence of any data, the sentence, the registration of personal information, and the completion of sexual assault treatment programs.

(b)see;

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