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(영문) 대전지방법원 천안지원 2018.06.08 2017고단2710

장애인복지법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. The victim C (a person under age 37) of basic facts is a disabled person who has received a diagnosis (FSI Q 46, presumed intelligent intelligence index 60-64) of “the delay of the detailed mind without mentioning any interference with action,” and has a very low intellectual function at a considerably low level of delay in the spirit of the middle class Do, and thus is a disabled person with intellectual disability 3.

In the spring of 2014, the Defendant concealed the fact that the Defendant is her father-Nam in order to take his sexual desire, and introduced the victim, and used the victim's intellectual disability, and continued to have only 1 times a year sexual intercourse with the victim's sexual desire.

2. No criminal suspect shall commit sexual harassment, etc. that causes a sense of sexual humiliation to the disabled persons;

The Defendant reported a Japanese adult obscene video image that brushly brushed in a female’s sound and anus, and had the victim feel a sexual assault that may cause sexual humiliation to the victim in the same way as that of the video.

around 15:30 on May 3, 2017, the Defendant: (a) provided the victim under the name of “the victim to play at right home,” 302, the Defendant laid the victim to FM3 car, and then laid the victim to the fM3 car, and then laid the victim to the fM3 car, and then laid the victim into the fM3 car, and then laid down the 1st brush that the Defendant paid at the fel, against the victim’s will, put the victim’s sound and the 10th brush into the victim’s anus against the victim’s will.

Accordingly, the Defendant committed sexual assault that causes sexual humiliation to the disabled.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Recording notes;

1. Stenographic records of the Chungcheong Sea Center;

1. Investigation report (Attachment of video-recording images of CCTVs at Evisher);

1. Application of statutes on medical opinions, copies of medical records, certificates of welfare cards, copies of welfare cards;

1. The defendant, who has reasons for sentencing of Article 86(1) and Article 59-7 subparag. 1 of the Welfare of Persons with Disabilities Act relating to the pertinent criminal facts and Article 86(1) of the Act on the Welfare of Persons with Disabilities selected to commit a crime (the choice of imprisonment) is, notwithstanding his/her intention of refusal, the injured party's sexual flag