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(영문) 광주지방법원 2017.02.03 2016고합431
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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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 June 23, 2016, around 12:15, the Defendant reported that the victim F (one, half, 50 years old) who is a disabled person of Grade 2 with intellectual disability, which has been viewed as flat c in the south-gu Seoul metropolitan area, was sitting down, and that the victim saw that the victim's chest was sleeped, and that the victim "the slick, soup, soup, the slicker, and the same person" was the victim.

The facts charged of the instant case reveal that the Defendant Da Da Da Da Da Ba, “The Victim Do Doo, soup Doo, and so-called “the Doo Doo,” and Doo Doo Doo, Doo Doo Doo Doo Doo Doo Doo Doo Doo, Doo Doo, and Doo Doo Doo Doo Doo Doo, Doo Doo, Doo Doo, Doo Doo, Doo Doo d

In light of the above, Defendant 1 made a statement to the purport that he was able to take the victim's chest on the clothes, which is somewhat different from the above facts charged, and the above recognition is likely to substantially disadvantage the defendant's exercise of his right of defense.

It does not seem that it does not appear.

Accordingly, the defendant committed an indecent act against a victim with a mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records;

1. Application of Acts and subordinate statutes on sexual assault cases against women of Grade II intellectual disability;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

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 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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. An order of disclosure; and

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