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(영문) 서울서부지방법원 2014.12.19 2014고합246
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

On March 14, 2014, at around 17:00, the Defendant committed an indecent act by force against the victim, such as drinking the victim E (at the time, 19 years of age) who had shown that the victim E (at the time, her 19 years of age) takes a part in the beds within Yongsan-gu Seoul, Yongsan-gu, Seoul, by forcing the victim to commit an indecent act against the victim, despite the victim's refusal to take part in the bends of the victim, he was able to take part in the bends of the victim's bro, and continued to take part in the bends of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Part of each police interrogation protocol against the defendant

1. Part of a copy of each police interrogation protocol concerning F;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes to report internal investigation (verification of relevant data about registration of disability of a victim), investigation report (related to telephone conversations with a victim), investigation report (to attach written opinions of a professional opinion on analysis);

1. Article 298 of the relevant Articles of the Criminal Act and the selective punishment, and the choice of imprisonment;

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

1. Article 62-2 of the Probation Criminal Act;

1. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, 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’s primary crime is not likely to have committed a sexual crime in light of the above-mentioned effects through the instant punishment. In this case, personal information and the completion of the sexual violence program alone appears to have the effect of preventing recidivism by the Defendant to a certain extent, and the Defendant’s personal information shall not be disclosed or notified, taking full account of all circumstances such as the benefits and preventive effects expected by the disclosure or notification order of this case, disadvantage and side effect resulting therefrom.

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