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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 안동지원 2015.01.29 2014고합62
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 52) are all disabled persons of grade 2 with hearing disability.

At around 21:00 on March 6, 2014, the Defendant, while drinking together with the victim, the husband F of the victim, the Defendant’s wife G, the Defendant’s relative H, and the Defendant’s friendly state, she saw that the victim was forced to commit an indecent act against the victim by making the victim’s left chest one time with the Defendant’s fault, and making the Defendant’s right knife one time with his knife.

Summary of Evidence

1. C’s legal statement;

1. Statement made to C by the police statement;

1. Each description of internal investigation report (in relation to attachment of expert written opinions), internal investigation report (in relation to attachment of victim C’s certificate of disabled person), internal investigation report (in relation to victim’s relative site and damage verification), investigation report (in relation to I telephone conversations of the E president), investigation report (in relation to K telephone conversations of the president of the Jcafeteria), and application of video legislation;

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

2. Statutory mitigation under Articles 11 and 55 (1) 6 of the Criminal Act;

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act ( Taking into account the following favorable circumstances):

4. Penalty surcharge of KRW 5,000,000 to be suspended; and

5. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act for the inducement of a workhouse.

6. Article 59 (1) of the Criminal Act for the suspension of sentence (resumed circumstances favorable to the following):

7. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is deemed to have difficulty in achieving the effect of preventing sexual crimes through the completion of a sexual assault treatment program as a deaf-mute, and thus, there is a special circumstance where

8. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Information Disclosure and Notice Orders, and the protection of children and juveniles against sexual abuse.

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