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(영문) 수원지방법원 안산지원 2018.07.06 2018고합113
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

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

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") is a person living in the house room of the C-building in Si interest, and the victim D (the name, female, 30 years old) with intellectual disability 1 is a child of E who operates a house in front of the defendant's residence.

Since 2 to 3 years ago, the Defendant came to know that there was a intellectual obstacle to the victim as the victim had been viewed several times to divide the conversation with other persons.

On April 9, 2018, the Defendant discovered the victim who is making a mixed movement in G Park located in G Park located in Singu, Singu, 2018, and caused the victim to go back to the defendant's side, and met the victim's chest on the part of the victim's own damage, putting the victim's chest into the part of the victim's damage, putting the finger into the part of the victim's damage, and putting the hand into the part of the victim's lower part.

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

Summary of Evidence

1. Statement by the defendant in court;

1. An interview file and stenographic record with victims E;

1. Statement made by the police with H;

1. A criminal investigation report (on-site verification);

1. Application of Acts and subordinate statutes to the 112 Report Processing List, a certificate of disabled persons, and a medical certificate of mental disorder;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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. Article 16 (4) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Orders to Take Education;

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 information, the 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 (the order to disclose or notify the registered information).

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