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(영문) 대구지방법원 서부지원 2016.11.07 2016고합30
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.

(e).

Reasons

Punishment of the crime

The defendant is a foreigner of Pakistan's nationality, and the victim C (V, 20 years old) is the friendship of the defendant's wife D (I Q 49, and social age 9.75, and is judged as Grade II intellectual disability.

On January 19, 2014, at the defendant's house located in the Dongjak-gu Seoul Metropolitan Government E rooftop, the defendant sent out of the house to the above D, "I am to bring the kis that have been brought to the fright," thereby divinging the visit, and preventing the victim from getting up from leaving the door to the door of the room, and preventing the victim from going up on the body of the victim, and committing an indecent act by force against the victim who has mental disorder by means of using the victim's sexual flag in the victim's bat.

Summary of Evidence

1. C’s legal statement;

1. C’s statement contained in each video CD;

1. stenographic records of damaged statements made to C and recording records of each video recording;

1. Application of Acts and subordinate statutes to each investigation report (in relation to attachment of a written confirmation of counseling to the wife D of a suspect, attachment of the result of psychological assessment to the victim C);

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 crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is unable to expect an effect of preventing recidivism through an order to attend a lecture due to a foreigner's lack of communication in Korean language, and there are special circumstances in which

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, and the protection of children and juveniles against sexual abuse.

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