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(영문) 춘천지방법원 2018.04.13 2016고합127
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

The punishment of the accused shall be determined by two years of imprisonment.

except that the sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was well aware of the fact that the victim was a disabled person with intellectual disability 2nd degree disability, who was aware of the fact that the victim's intellectual ability and language ability was significantly lower than the general public, by living in the same kind as the victim C (n, 46 years old) who was a disabled person.

From June 2015 to June 2015

7. Around that time, the head of the Dongcheon-gun National Police Agency had 10,00 won in cash and 10,000 won in cash from the victim's livestock shed near the residence of the victim in the Gangwon-do National Police Agency.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of his mental disability that he is unable to resist or resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a reply to an investigation report (related to photographs of damaged places), and a reply to requesting appraisal by the Sungcheon Hospital of the Korea Forest University;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and selection of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend a lecture;

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 notify information, 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 Defendant has no record of criminal punishment for any sexual crime, and the Defendant is expected to have an effect of preventing re-offending even if he/she has an order to register personal information on the Defendant and undergo lectures to treat sexual assault;

I seem to appear.

The crime of this case alone has the tendency to commit sexual crimes against many unspecified persons against the defendant.

It is difficult to readily conclude.

In addition, considering all other circumstances, such as the defendant's age, family environment, and social relationship, the defendant's personal information should not be disclosed to the public) is registered.

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