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(영문) 전주지방법원 2018.04.06 2017고합259
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

As the Defendant’s wife was hospitalized at the victim C (V, 37 years old) and the “E Hospital” located in YAD, and became aware of, the Defendant’s mental disorder 3 was unable to work on the house due to the Defendant’s morry by selling morry, the Defendant’s wife was living together with the Defendant’s husband’s residence for the purpose of aiding and abetting the Defendant’s husband’s house morry 301.

피고인은 2017. 11. 1. 20:00 경 위 주거지에서 피해자가 화장실로 들어가 바지를 내린 상태에서 좌변기에 앉아 소변을 보자 따라 들어와 " 조용히 해, 한번 하자" 고 말하며 피해자 앞에 서서 바지를 내렸고, 이에 깜짝 놀란 피해자는 좌변기에서 일어나며 바지를 올려 입으려 하자, 피고인은 피해자 앞으로 다가가 피해자의 바지를 강제로 내린 후 피해자의 음부에 자신의 성기를 대어 피해자를 강제 추행을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in video recording CDs;

1. Application of Acts and subordinate statutes to each investigation report (in relation to attachment of the victim's picture attachment, certificate of disabled persons, etc., attachment of certificate of entrance or discharge of the E hospital);

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

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 disclosure order and an order of notification, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment prior to the instant crime, and the Defendant’s personal seal.

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