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(영문) 광주지방법원 장흥지원 2019.02.12 2018고합40
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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Defendant shall be punished by imprisonment for a term of 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

The defendant, together with the victim B (n, 30 years of age), the victim C (name, leisure, 24 years of age), is a person who works as a vocational trainee in E located in Gangnam-gun D, Gangnam-do, and is grade III with delay disability.

The victim B is the victim of intellectual disability 2, and the victim C is the victim of intellectual disability 3.

1. The Defendant committed the crime against the victim B, around 07:50 on June 25, 2018, at the parking lot side of the F apartment of Gangnam-gun, Gangnam-gu, Gangnam-gu, Seoul, the Defendant committed an indecent act against the victim by stating that “the victim waitings for the victim to work in E with the victim,” making the victim’s “the scat gate to scat the scat te,” making the victim’s chest close to the victim’s scat, and making the

2. The Defendant committed the crime against the victim C at around 12:30 on June 25, 2018, discovered the victim who was seated in the center inside the above E, and committed an indecent act against the victim by only the victim’s chest by his own hand while he was seated on the side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Statement analysis opinion (B), statement analysis opinion (C);

1. Application of stenographic records (B) or stenographic records (C)-related Acts and subordinate statutes;

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 punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where the registration of personal information and the obligation to submit such information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a competent agency pursuant to

disclosure order and.

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