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(영문) 광주지방법원 2015.11.18 2015고합366
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2015, the Defendant committed an indecent act by force against a person with physical disability on the part of the victim D (at the age of 71), who was in physical disability Grade IV in Seo-gu, Seo-gu, 14:00 to 15:00, after completing the installation work of the tree bars requested by the victim, and put the victim on the floor of the living room by placing the bridge on the victim after the completion of the installation work of the tree bars, and on the part of the buckbucks, the head of the department in charge of the pelbuck part and the buckbuck part, while making it difficult for the victim to take the pelbbuck part of the

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement prepared by the assistant judicial police officer to make a statement suitable for such statement;

1. Any statement fit for the certificate of the disabled or a medical certificate for the disabled;

1. Application of image-related Acts and subordinate statutes to the photographs of the place of occurrence;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) applies to the defendant who committed the instant crime without any criminal records, and it is difficult to readily conclude that the defendant has a risk of repeating a crime, and considering the possibility

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Two years and six months to five years (basic area) of imprisonment with prison labor for a sex offense against persons with disabilities (at least 13 years of age) (at least 13 years of age) (no person specially punished).

3. The defendant committed a crime against the victim with physical disability and the defendant committed an indecent act.

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