beta
(영문) 춘천지방법원 강릉지원 2016.07.14 2015고합97

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are social lines and post-maids.

The Defendants came to know that there was a mental disability for the victim E (46 tax, female) with mental disorders of the third and fourth level and fourth 45 of the total intelligence (I Q) from G park located in F, which is a place where senior citizens can provide free meals to older persons, and that there was a mental disability for the victim from around the summer in 2015.

피고인들은 피해 자가 정신장애가 있어 피해자를 추행하더라도 피해자가 제대로 반항을 못하고 수사기관에 신고를 못한다는 사실을 이용하여 그녀를 추행하기로 마음먹고, 2015. 10. 14. 오전 경 강릉시 F에 있는 G 공원( 사건 당일은 G 공원에서 무료 급식을 하지 않음 )에서 피해자를 만 나 강릉시 먹자 골목에서 피해자에게 점심을 사 주고 피해자와 함께 H을 구경하는 방법으로 피해자의 환심을 샀다.

The Defendants 13:20 on the same day, left the victim suffering from mental disorder on the left side of the vehicle parked in the Jelel in front of the Jelel located in Gangnam-si I, and the Defendant A kis the victim's kis, kis the victim's kis, kis the victim's kis, the victim's kis, the victim's kis, the victim's kis, the victim's kis, the victim's kisks, the victim's kis, the victim's kis, the victim's chest kis, the victim's right side, and the victim's right side kisbbbs

Accordingly, the Defendants committed an indecent act against the victim by jointly making it difficult for the victim to resist or resist due to mental disability.

Summary of Evidence

1. The defendant B's partial statement

1. Partial statements of E;

1. Some statements concerning the Defendants in the suspect interrogation protocol by each prosecution

1. Video-recording CDs made to E;

1. Voluntary accompanying report;

1. On-site photographs;

1. Certificates of persons with disabilities and certificates of persons with disabilities;

1. Application of statutes to experts' opinions on sexual assault against disabled women;

1. The punishment of each of the sexual crimes provided for in the relevant Article and the selection of punishment;