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(영문) 대전지방법원 홍성지원 2017.03.16 2016고합113
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2016, the Defendant committed an indecent act against the victim E with intellectual disability 2, which faces with the Defendant, at the D Job Evaluation Office of Chungcheongnam-do, Chungcheongnam-do, 10:00, mid to 2016, the Defendant: (a) committed an indecent act by force against the victim E with a mental disorder by exposing the bridge toward the victim; and (b) committed an indecent act by force against the victim with a mental disorder by exposing the bridge toward the victim.

2. On November 18, 2016, at around 12:15, the Defendant committed an indecent act with the victim’s chests, bucks, bucks, and bucks, with his hand, committed an indecent act by force against the victim who was locked up on his/her book.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim’s statement protocol, a video recording CD (Evidence Nos. 6);

1. A certificate for disabled persons;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on November 18, 2016 with heavy penalty];

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 stay of execution (The following circumstances considered in favor of the reasons 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 and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the instant crime is not an offense against many and unspecified persons, but a criminal defendant has no same criminal record.

To a certain extent, the effects of preventing recidivism by registering personal information and taking lectures to treat sexual assault.

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