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(영문) 춘천지방법원 2015.06.05 2015고합45

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the defendant is above 3 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From 201 to 201, the Defendant was aware of the fact that the victim was a disabled person with a significantly falling intellectual ability than the general public by introducing the victim F(35 years of age, female) with intellectual disability 3 from E, which was known to the Defendant while working in Yang-gu, Yangwon-gun C.

1. On February 2013, the Defendant: (a) took place in the Defendant’s lodging room in the above D, where drinking alcohol together with the victim and E, and the victim’s chest was sent to the victim’s chest by hand, from behind the victim’s own hand, with the victim’s clothes; and (b) took the victim’s chest in the same manner as after the victim’s rest in the toilet.

2. On August 2014, the Defendant, at the same place as above, she saw television with the victim at the place above, she was satisfyed with the victim’s shoulder, and she was satisfyed with his/her clothes when she was satched with the victim’s shoulder, and she was her chest by inserting his/her left hand into the victim’s hub.

3. On August 30, 2014, the Defendant, at the H main station located in G, performed drinking together with the victim and E, at the H main station located in G, the Defendant was satisfing the victim’s chest with the victim’s her own hand and continued to sat back the victim’s shoulder, and the Defendant was satisfing the victim’s chest.

4. On September 1, 2014, the Defendant was parked in the front of the J-Syna vehicle located in Gangwon-gu, Yang-gu, Gangwon-gun, and the Defendant was on board the back seat of the E-Syna vehicle in front of the J-Syna vehicle located in Gangwon-gu, Suwon-gun I, and the Defendant was on the back of the victim, who was sitting in the front line, sealed the victim’s shoulder with his own hand, and was in front of the victim’

5. On September 2014, the Defendant was drinking together with the victim and E at the same place as that of paragraph (1) in the middle of September 2014, and was drinking the victim’s chest with the victim’s own grandchildren following the victim.

As a result, the defendant committed an indecent act on the part of the victim with mental disability over five occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the Women's Child Center (Evidence 5, 11) at each Gangwon Sea Center;

1. Statement to E by the police;

1. The site of the investigation report;