성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. From July 30, 2013 to January 14, 2014, the Defendant committed an indecent act against the victim in the second floor counseling room of the D clubs in Yongsan-gu Seoul, Yongsan-gu, Seoul, with the victim E (V, 55 years of age) who is a cleaning employee of the said club as the victim’s own hand, committed an indecent act against the victim.
2. From July 30, 2013 to January 14, 2014, the Defendant committed an indecent act against the victim by making the chest and the negative part of the cleaned victim’s chest and the negative part of the said victim’s building up at the FF lending room near the building of the said D club at the time without any delay.
3. From July 30, 2013 to January 14, 2014, the Defendant committed an indecent act against the victim by seeking to dance with the victim himself/herself from the warehouse on the first floor of the above club, and by holding the goods on his/her hand.
Summary of Evidence
1. Partial statement of the defendant;
1. The defendant's legal statement and defense counsel of the witness E asserts that the witness's payment of unemployment benefits or retirement benefits was delayed, and the defendant did not commit each crime of this case, and thus, the witness's statement is not reliable.
However, the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, i.e., even though a witness had a intellectual disorder caused by cerebral fluencing, the defendant committed an indecent act against the witness by drinking the chest and a part of the storage of the second floor counseling room, F lending, and the first floor storage, etc., even though the witness did not refuse to do so, and the witness made a relatively consistent statement from the investigative agency to this court. In particular, with regard to the crime under paragraph (3) of the judgment, the witness made a detailed statement about the fact that it is difficult for the defendant to make a statement without his/her direct experience on the ground that he/she was not aware of CCTV, and the witness’s statement about the process or method of indecent act is somewhat inaccurate or partly altered.