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(영문) 춘천지방법원 2016.11.29 2016고합71
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant was sentenced to a community service order of two years of suspended execution and 120 hours of imprisonment with prison labor for the crime of larceny in night buildings at the Chuncheon District Court on December 17, 2015, and the judgment became final and conclusive on December 25, 2015, and the Defendant was well aware of the fact that the victim D(the age of 20) was a disabled person with intellectual disability Grade III (the age of 20) that he/she became aware of while completing the community service order at C’s welfare center during the period from January 8, 2016 to February 5, 2016.

On February 14, 2016, the Defendant, at around 22:00 on February 14, 2016, brought the Defendant’s entrance to the passenger room located in the Gangwon House E, brought the Defendant’s entrance to the victim, and brought the victim’s chest by hand.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police with regard to D (Stenographic record);

1. Recording notes;

1. Application of Acts and subordinate statutes to professional opinions of sexual assault against the disabled women;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, the selection of fines, and the selection of fines for crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 49(1) 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 has no record of sexual crimes against the accused, and the risk of recidivism is high in light of the background of the

It is difficult to see that the registration of personal information and sexual assault treatment program has the effect of preventing recidivism, and the family environment and social relationship of the defendant, and other benefits and prevention expected by the defendant's age, occupation, disclosure order or notification order.

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