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(영문) 창원지방법원 통영지원 2018.05.17 2017고합114
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 12, 2017, at around 16:20, the Defendant used the cresh of the victim’s family members in the front of the Dridge that he operated by the Defendant in Gyeongnam-gun, Gyeongnam-gun, in order to commit an indecent act against the victim E (for example, 23 years of age, intellectual disability 2 grade) by using the cresh of the victim’s family members, and left the victim who was seated on one side of the victim’s own, and then left the victim’s left chest.

Accordingly, the defendant forcedly committed an indecent act on a person with a mental disability.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A statement prepared by the F;

1. Complaints prepared by E;

1. Stenographic records, CDs (video recording-victims, on-site CCTVs);

1. Application of reply statutes to requests for verification of registration of persons with disabilities;

1. Relevant 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 crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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, 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 for sexual crimes committed before the instant case).

In addition, the sentence of the defendant, the registration of personal information, and the order to complete a sexual assault treatment program can have the effect of preventing recidivism to a certain extent.

I seem to appear.

In addition, the defendant's age, environment, motive and consequence of the crime, method and consequence of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure and notification order, and the prevention of sexual crimes subject to registration and the effects of the protection of the victim, etc. shall be comprehensively taken into account.

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