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(영문) 전주지방법원 2013.09.26 2013고합137
성폭력범죄의처벌및피해자보호등에관한법률위반
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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 is a person who resides in a village, such as the victim C (n, 65 years of age) with intellectual disability 2.

On March 2010, the Defendant was at the home of the Defendant located in Kim Jong-si, and was at the home of the Defendant, to commit an indecent act against the victim, to see the victim’s hand, and to attract the victim’s hand, and to panty, to the part where the victim was suffering and panty and to the part where the panty was left, and to her her am.

Accordingly, the defendant used the victim's state of difficulty to resist due to mental disability to force the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Written opinion;

1. A report on internal investigation (a wooden Gmarma satum satum);

1. Each investigation report (to be accompanied by a written determination on disability ratings, and to be governed by statutes on disability ratings for victims);

1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Law No. 10258, April 15, 2010), Article 8 of the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof [before the amendment is made to the Act on the Protection, etc. of Victims of Sexual Crimes (repealed by Act No. 10261)], Article 298 of the Criminal Act, Article 298 of the Criminal Act

1. Where a judgment of conviction becomes final and conclusive on the instant criminal facts against the Defendant who has registered personal information of this case on the grounds of suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing), the Defendant constitutes a person subject to registration of personal information pursuant to Article 2(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); and thus, Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012).

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