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(영문) 창원지방법원 2017.04.20 2016고합261
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete the sexual assault program for 40 hours.

(e).

Reasons

Punishment of the crime

The defendant is a part of the victim D(n, 16 years old), and the victim is a person with a disability of class 2 of intellectual disability.

On August 2016, the Defendant, at the bottom of the defendant's dwelling rooftop in Kimhae-si, pushed the victim on the wall of the defendant's residence in Kimhae-si, knee the chest in front of the victim's clothes, knee-knee-knee-knee-knee-kne-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn-kne-kne-kn-kne-kne-kn-kne-kn-

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the witness F, G, H and I;

1. Some statements in the protocol of examination of the witness to J as a witness;

1. A statement of the K professional examiner;

1. Entry of each part of the suspect examination protocol by the prosecution and the police concerning the accused;

1. A statement and stenographic record of D contained in two video recording CDs;

1. Application of Acts and subordinate statutes to a criminal investigation report (in cases of counseling prepared by the victim's counseling counselor at the school, accompanied by copies of school life records), investigation report (in cases of confirmation of place of crime), investigation report (in cases of confirmation of place of crime), investigation report (in cases of a victim's disabled person certificate, diagnosis report on disability, etc.);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence against the relevant criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age and occupation of the defendant, social ties, motive and degree of the crime, the same kind of power as that of the defendant, and the risk of recidivism, disclosure, and disclosure of the same.

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