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(영문) 대전지방법원 논산지원 2016.12.07 2016고합38
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and C are simplified, the victim D(Article 23 of the Act on Special Cases Concerning the Punishment, etc. of Aggravated Sexual Crimes, and Article 7 of the Protection of Specific Crime Informants, etc.) are made a statement under the name of provisional name in accordance with Article 7 of the Act on Special Cases Concerning the Punishment, etc. of Aggravated Sexual Crimes.

1. On May 13, 2016, the Defendant committed the crime: (a) around May 13, 2016, at C’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, drinking alcohol with those of the actors, such as C and the victim; and (b) he was able to sleep together on the part of the victim who was trying to sleep; (c) putting the victim’s chest into the victim’s inner part; and (d) forced the victim’s chest, thereby committing an indecent act on the part of the victim.

2. On May 14, 2016, the Defendant committed the crime on May 14, 2016: (a) accumulated the Defendant in the side of the victim who had not yet occurred at the same place as the bed; (b) laid down the victim’s chest; (c) cut down the victim’s chest, cut down the victim’s kis; and (d) kis the victim’s kis, kis the victim’s kis, kis the victim’s kis, and made the victim’s kis, kis the victim’s kis, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's office and police interrogation protocol of the defendant

1. Stenographic records of the police in relation to D;

1. Application of Acts and subordinate statutes to a copy of a welfare card or a statement and analysis expert opinion of sexual assault cases against children or persons with disabilities;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on or around May 14, 2016, among concurrent crimes)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Article 62 of the Criminal Act:

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