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(영문) 청주지방법원 2017.01.06 2016고합234
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, at around 15:42 on September 24, 2016, in “D” located in Jincheon-gun, Jincheon-gun, Chungcheongnam-do, Chungcheongnam-do, the Defendant would add a detailed attitude to “Seong-gu, 20 years old,” to “A victim E (V), who is a person with a intellectual disability of Grade 3.

In order to learn accurate attitude, it refers to "I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I

From behind the victim who was well aware of it, the victim was flicked with the victim's abundance, and was flicked with the victim's sexual organ at her her turb, and the victim's right chest was flurd with one hand.

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;

1. Opinion of CCTV video CDs and experts;

1. Application of statutes governing certificates of persons with disabilities;

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 (applicable to a defendant who has no record of punishment for a sexual crime and thus has a risk of recidivism of sexual assault or recidivism;

It is difficult to conclude that the registration of personal information on the accused and the lecture attendance order alone can expect to some extent the effect of preventing recidivism.

In addition, the profits and preventive effects expected by the disclosure notification order of this case, and the disadvantages and side effects caused thereby.

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