성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
(e).
Punishment of the crime
The defendant is a victim C (the 34 years of age was 33 at the time of committing the crime of paragraph (1) and 34 years of age at the time of committing the crime of paragraph (2). The victim is a third intellectual disabled person with the intelligence index of 70-75, and the judgment and response ability in any circumstance is considerably weak (the level of 8-9 years of age, 7-8 years of age for read and read, 7-8 years of age, and 7-8 years of social gender).
1. On January 7, 2014, around 22:10 on January 7, 2014, the Defendant proposed that the victim sent adult films using TV of “Scarp” to the victim by taking advantage of the fact that it is difficult for the victim to refuse unfair sexual demands by the Defendant, who is a server, because the victim was considerably lacking in the ability to make and cope with the said determination as above, at the inside of the residence located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, west-gun. In response, the victim sent his fingers to the victim’s next to the Defendant, by inserting them into the victim’s hands.
Accordingly, the Defendant committed an indecent act by force against the victim who is a mentally disabled person.
2. From June 2014, around 10:30 on June 2014, the Defendant: (a) around 10:30 on the day on which the Defendant committed the crime, at the warehouse of the above residence, the victim was unable to refuse the victim’s unreasonable sexual demand by using the fact that the victim lacks the ability to make judgment and cope with the foregoing; (b) requested the victim to be off his clothes from the victim to show his/her chests and drinkings; and (c) allowed the victim to show his/her chests and drinkings on his/her own.
Accordingly, the Defendant committed an indecent act by force against the victim who is a mentally disabled person.
Summary of Evidence
1. The defendant's partial statement (the fact that the defendant has a adult film together with the victim at the time and place referred to in paragraph (1) at the market);
1. Each legal statement of witness C and E;
1. Recordings of victims of C;
1. Certificate of the disabled;