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(영문) 대구지방법원 김천지원 2019.08.27 2019고합68
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On July 6, 2019, at around 12:57, the Defendant committed an indecent act by force against the victim, on his hand, on July 12:57, 2019, on the part of the victim D (the victim D (the victim's name, the 59-year old age) with mental disorder 2, and on the other hand, the Defendant committed an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of the statement of damage and written statement of the victim;

1. Each internal investigation report (referring to the analysis of CCTV video data, as to attachment of a 112-reported case processing mark);

1. Application of the 112 Reporting List, CCTV image data photographs, and welfare card copies to the statutes;

1. 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 crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

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

5. 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 notify disclosure of information, 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 having been punished for a sex offense before committing the instant crime, and it is difficult to readily conclude that there is a sex offense tendency against many and unspecified persons solely on the facts stated in the judgment below. The defendant’s order of suspension of execution, registration of personal information, and order to attend the sexual assault treatment course alone appears to reduce the risk of recidivism. In addition, comprehensively taking account of the defendant’s age, family environment and social relationship, profits expected by the disclosure order, the effect of disclosure notification order, the disadvantage and anticipated side effects of the defendant’s personal information resulting from such order, etc., it is determined

6. An order of restriction on employment;

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