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(영문) 전주지방법원 군산지원 2015.07.09 2015고합44

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(the age of 27) are disabled persons of Grade III with mental retardation disorder, and they have been living together with E in Gunsan City D.

1. On February 2015, the Defendant: (a) inducedd the victim by saying that he would drink the above gymnasium and the male accommodation; (b) induced the victim to “after going back to the front and rear,” and, (c) led the victim to the victim’s own gymnasium; (d) led the female to the victim’s breasts several times with both descendants; and (e) forced the victim’s breasts to be fymnasium by inserting the kymnasium into the victim’s kymnasium; and (e) forced the victim’s chests to be fysium.

2. At around 12:45 on March 5, 2015, the Defendant discovered that the victim is married, found that the victim was working as a married, and found that the victim “the her chest is her breast.” On the lower part of the victim refusing to do so, the Defendant laid the her breast by gathering the her hand toward the lower part of the victim’s refusal to do so, put the her breast up the her hand into the panty of the victim while standing the victim, put the her hand into the her to the panty of the victim. On the other hand, the Defendant committed an indecent act by force against the female by putting the Defendant’s her finger over the her hand by cutting off the her door, cutting off the her her spath, and cutting down the her finger, and by taking charge of the Defendant’s sexual organ toward

As a result, the defendant committed an indecent act on two occasions against the victim with a mental disability under the state that the defendant lacks the ability to discern things or make decisions due to the mental disability of the third degree of disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C (Stenographic record);

1. Investigation report (in case of recording statements, accompanying the victim’s green belt) and picture;

1. Investigation report (related to attachment of a victim's personal card, etc.), victim's personal record card, each welfare card, suspect's personal record card, admission request, written opinion, consultation date, etc.;

1. Application of internal investigation reports (related to the confirmation of ctv images and the specific time of crime on March 5, 2015), CCTV photographs, and statutes governing the place of sale.

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;