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(영문) 대전지방법원 홍성지원 2018.01.25 2017고합99
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

The defendant is a person who resides in the same Dong and Dong as the victim C (n, 42 years of age), and is a victim's father D's farm activities to help the victim and frequently travel to the victim's house.

1. The Defendant committed an indecent act against the victim on the following grounds: D’s argument in Hongsung-gun E, Hongsung-gun, the date of springing 2015: (a) while attempting to work as a farmer, D was coming to a different extent from the victim on the instant argument; and (b) her am her tamp with the victim.

2. On January 2015, the Defendant reported that the victimized person’s water supply at the victim’s residence located in Hongsung-gun F, Hongsung-gun F, the Defendant committed an indecent act against the victimized person on the part of his her her son’s son, her chest and chest.

Accordingly, the defendant committed an indecent act on two occasions on the victim with a mental disability of the third degree of mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of a statement recording (number 2 of evidence list) and video recording records made twice by a victim;

1. Application of Acts and subordinate statutes to certificates of disabled persons and medical certificates of disability of each victim;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities) with heavy penalty];

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 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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 instant crime is limited to many and unspecified persons).

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