성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
The Defendant committed the following crimes by having the victim D (e.g., 36 years old, 2 years old, 36 years old, 2 years old) residing in the same △△△△△△△ apartment B located in Cheongju-gu, and committed the following crimes by attempting to commit an indecent act against the victim by taking advantage of the fact that the victim D (e.g., f., 36 years old, 3 years old, 2 years old) was unable to resist or resist due to verbal disorder and delayed disorder at the cerebral rain.
1. The Defendant committed an indecent act on January 2018, 2018, 21:30 to 22:00, on January 1, 2018, in the victim’s residence of the said apartment building △△△△△△△, the Defendant committed an indecent act by putting the victim’s chest by going beyond the victim’s chest who was her hands over and going to her chest, with an opportunity to make him/her visit as if he/she had no use.
2. The Defendant committed a crime in January 2018, which committed an indecent act by cutting off the victim’s her son with his her her her her son, by leaving around 22:00 on the first day of Jan. 2018, in the middle day in the residence of the said victim, and committing an indecent act.
3. On January 2018, the Defendant committed the instant apartment C heading around 13:00 on the lower end of January 2018, and around 13:00, committed an indecent act by having the victim contact with the said apartment C heading with the victim by having the victim enter the victim, and by having the victim sit back on the part of the victim viewing the television, and going back to the hands of the victim.
Accordingly, the Defendant committed each indecent act on three occasions by taking advantage of the fact that it is difficult to resist or resist due to a physical or mental disability.
Summary of Evidence
D’s statements and stenographic records contained in the prosecutor’s office against the Defendant’s partial statement, the police interrogation protocol video recorded in the suspect interrogation protocol (the Defendant and defense counsel asserted that the Defendant and defense counsel did not use the victim’s chest in relation to the criminal facts No. 1, but contacted with the victim’s clothes. However, the victim made a statement at the investigative agency and made a statement at any time by the Defendant.