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(영문) 대구지방법원 서부지원 2016.09.08 2016고합83
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
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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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:30 on January 13, 2016, the Defendant discovered the victim E (here, 14 years old) who was walking on the side while driving a Do K5 taxi, and solicited the victim to escape from the taxi while the victim was boarding the taxi, and became aware of the fact that the victim was in the status of intellectual disability 3 and became aware of the fact that the victim became in the status of intellectual disability.

At around 03:40 on the same day, the Defendant took the victim into Gel 307 in Daegu-gu F. The Defendant got the felbbbbbbbbs to the victim’s entrance. After drinking the victim’s drinking, the victim was able to drink on the part of the victim, and the victim was able to be able to be able to lying on the part of the victim on the part of the victim. Although the victim expressed his intention of refusal, the victim continued to put her hand into the clothes of the victim into the kbbbs and down the kbbbs.

As a result, the defendant committed an indecent act against the victim with mental disability by force and committed an indecent act against the juvenile with disability at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records;

1. An expert opinion on sexual assault against the disabled;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to certificates of disabled persons);

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes; Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on any person with a disability who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Selection of imprisonment with prison labor for the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Disabled Persons;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Exemption from any disclosure order and any notification order:

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