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(영문) 청주지방법원 2018.02.14 2017고합127
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 9, 2014, the Defendant: (a) around the Cheongju-si, the Cheongju-si, the front bus stops located in the Kuwon-gu, the Defendant divided the horse in the vicinity of the bus stops, and (b) 1st degree E (W, 36 years old) of intellectual disability, which can be seen as being disabled even in one eye with the visual processing, went to the victim, and (c) 1st degree E (W, 36 years old) of our house, and (d) 203 dong 218 of the old apartment house.

In addition, at the defendant's house, the defendant sits on the floor of the victim, takes charge of the victim's chests by both hand, turns off the victim's chests by the next hand, and turns out the victim's negative part, and the victim's speech is not the victim.

Although the Defendant was pushed the Defendant, the Defendant continued to engage in the Defendant’s chest, and the Defendant’s chest, while saying, “I will know if I will not speak.”

Accordingly, the defendant committed an indecent act against a person with mental disability by force.

Summary of Evidence

1. Stenographic records or video recorded CDs;

1. Application of the Acts and subordinate statutes concerning photographs, internal investigation reports (including internal investigation reports on the victim's degree and degree of disability), copies of welfare cards, investigation reports (to hear the statements of police officers dispatched to the scene), and reexamination new data;

1. Article 6(6) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes concerning the crime, a public prosecutor indicted the applicable provisions under Article 6(5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, but it is obvious that the facts charged are written in writing in accordance with the contents of the charge, and thus ex officio correct them under Article

(Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

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 fact that the accused has no record of being punished as a sexual crime, and the record is the same.

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