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(영문) 대구지방법원 서부지원 2018.07.12 2018고합58
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a pastor, and the victim C ( South, 26 years old) is a disabled person of Grade II with intellectual disability.

1. On April 2017, the Defendant forcedly committed an indecent act against the victim who is a disabled person of Grade II with intellectual disability, such as the victim who was a new church in the Seogu Daegu-gu, Daegu-gu, in a church where the Defendant was in a pastor, and was seated on his/her gate with the victim who was a church, and was seated on his/her gate.

2. At the time of the day referred to in the preceding paragraph, the Defendant committed an indecent act by force against the victim, who is the disabled in the second degree of intellectual disability, such as: (a) the victim’s side who tried to see the side and panty in the toilets of the church referred to in the preceding paragraph; and (b) the victim’s side who sees panty to panty; and (c) the victim’s sexual organ with

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (related reports, such as victim's intellectual ability);

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

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 a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of criminal punishment and thus is at risk of recidivism or recidivism of sexual assault as he/she has no record of criminal punishment;

It is difficult to conclude that in this case, only the registration of personal information and participation in the lecture of sexual assault treatment can expect the effect of preventing recidivism.

I seem to appear.

In addition, the defendant's age, environment, disclosure order or notification order of the defendant is disadvantageous and anticipated side effects.

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