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(영문) 청주지방법원 2015.03.20 2014고합294
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant has a weak ability to discern things or make decisions with disabilities of grade 3 with intellectual disability.

1. From July 2014 to August 201 of the same year, the Defendant discovered that the second floor of the Dwork site located in Seo-gu, Seo-gu, Seo-gu, Seowon-si, Cheongju-si, the victim E (V, 21 years old, intellectual disability 2 level), who is a workplace, francing the fact that the victim E (V, 21 years old, intellectual disability 2 level), franced into the warehouse, and francing the victim's chest by gathering his hand with the clothes of the victim's own victim, and the victim francing the victim's chest by continuing to take care of the victim's chest by his hand, who francing the Defendant's hand.

2. After one week from the date of the crime referred to in paragraph 1, the Defendant, at the same place as on the date, and at the same place as on the warehouse, had the victim take care of the victim’s chest by leaving the victim in the warehouse.

3. After one week from the date of the crime referred to in paragraph 2, the Defendant, at the same place at the same time as the date, and at the same time as the warehouse, had the victim take care of the victim’s chests by leaving the victim in the warehouse.

As a result, the defendant committed an indecent act on three occasions using the victim's difficulty in resisting the victim due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records and statement-recording CDs in relation to E;

1. An expert opinion on sexual assault against children with disabilities;

1. Statement of the police statement concerning F;

1. Report on internal investigation (as to the designation of place of crime), and photograph of the place of crime;

1. Application of Acts and subordinate statutes on certificates of disabled persons;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes as provided for in Article 3 of the Judgment with the most severe punishment);

1. The suspended sentence is more favorable than the reasons for the sentencing.

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