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(영문) 대구지방법원 2014.01.03 2013고합494

성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등

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, on May 23, 2012, the person subject to the request for attachment order (hereinafter referred to as the "defendant") reported that the victim Fs(15 years of age, intellectual disability 3 level) is with the victim's her mother G in E located in Busan Metropolitan City around May 23, 2012, the victim's mother was "the victim's mother was "I am dead, but I am her. I will do so." The victim's mother was able to ask the victim's question and see the victim's body about the place where the victim is living in the neighborhood, and the victim's body was able to commit an indecent act by advertising the victim's house.

The defendant transferred the victim to E parking lot, and the victim "I am close to his house as soon as possible", and moved the victim to the house of the defendant who was in M in M in M in Busan.

immediately after that, the defendant left the victim due to the small room of the above defendant, she was able to take care of the victim by putting his/her hand into the inside of the victim who has been able to be forced to take care of him/her, she was able to talk with the victim, and she was able to see that she was "assing the victim's chest", and she was frighted by inserting his/her hand inside the victim who refused to do so, and she continued to do so

The defendant has continuously discontinued the victim's body and the victim has retired from office.

Accordingly, the defendant committed an indecent act by force on the victim with mental disability of the juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The statement of the victim recorded in the video CD;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 6(6) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012; hereinafter the same) regarding criminal facts, and Article 7(5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) regarding the crime.