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(영문) 대전지방법원 공주지원 2014.07.30 2014고합9
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant, while under the influence of alcohol from the stairs that are located adjacent to the C Apartment Building Building, around November 22, 2013, the Defendant: (a) reported the victim D (the age of 32) with intellectual disability 2 that he was seated; and (b) reported the victim D (the age of 32); (c) turned out his sexual organ; and (d) rejected the victim; (b) made a indecent act by force on the victim’s chest by force.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. D's statement recorded in the video recordings;

1. Situation report;

1. An expert opinion on sexual assault incidents against persons with disabilities;

1. Certificate of Persons with Disabilities [The defendant and his defense counsel denied the facts of indecent act by compulsion, but the victim's investigative agency and legal statement are consistent, specific, consistent, and the statements are natural, and the circumstances leading to the occurrence of false statements are not shown. Thus, according to the evidence above, it is sufficiently recognized that the defendant committed indecent act by compulsion of the victim.] legal application of law

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

1. Mitigation of discretionary mitigation under Articles 53 and 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 Crimes Committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction of a defendant who has registered personal information of this case under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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