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(영문) 대구지방법원 2019.06.14 2018고합453
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 24, 2018, around 19:23, the Defendant: (a) was parked on the front road C located in Daegu Northern-gu B, Daegu Northern-gu, and (b) the victim D, together with the victim D (V, 53 years old); (c) the victim was fluored with the victim’s seat, and (d) the victim was on the front line of the vehicle, and (e) the victim was fluored with the victim’s chest by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements and stenographic records recorded in the video CD;

1. Statement analysis opinion and intermediary report;

1. Application of Acts and subordinate statutes to report internal investigation (including the sequence 3, 4, 6, 8, and each accompanying material);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. The judgment on the defendant and his defense counsel on the following facts: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempt from the disclosure order, notification order, and employment restriction order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Article 56(1) proviso (amended by Act No. 15452, Mar. 13, 2018) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; and (d) it is difficult to readily conclude that there is a danger of recidivism or recidivism of sexual assault by the defendant due to the disclosure order, notification order, and employment restriction order. In full view of all the circumstances such as the defendant’s age, occupation, family environment, social relationship, motive, and consequence of the instant

1. The summary of the assertion is that the defendant is aboard the vehicle of the defendant with the victim, and there is a fact between the victim's will and the victim's will.

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