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(영문) 대구지방법원 상주지원 2015.12.17 2015고합58
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On August 30, 2015, the Defendant: (a) around 18:37, when driving and permanently staying an Ortoba, told the victim E (20 years of age, women) with a large sound to 3 years of developmental disability to sing, or to sing the toy called the e-mail card to e-mail,” etc.

Accordingly, the defendant became aware of the victim's mental disability, and he forced the victim to commit an indecent act by force, and went to a saf tree field located in F when he resides in the saf.

In addition, the Defendant committed an indecent act against the victim who has a mental disorder by force, such as: (a) the victim, who gets off the victim’s chest, cut off his sexual organ, and refuses it; (b) the victim “assumed his sexual organ”; and (c) having the victim knife his sexual organ by hand and shaking it into his sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of the preparation of victims of sexual assault and stenographic records of integrated support centers for victims of sexual assault;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, report on internal investigation (indecent act by force, statement of the victim, on the spot, on the scene of the damage), black boxes, report on internal investigation (as to the preparation of a record of recording of the statement of the victim in E), report on internal investigation (as to the preparation of a record of the statement of the victim in E), report on internal investigation (as to the preparation of a record of the statement of the victim), report on internal investigation (as to the attachment of the first on-site photograph of the suspect and the victim), report on internal investigation (as to the confirmation of the suspect's moving route by

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among 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;

1. Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, which is an order to disclose or notify;

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