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(영문) 제주지방법원 2017.05.25 2017고합9

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities) is a person who works for a vinyl farmer in Seogposi C, D is a person who works for a vinyl farmer in adjoining him/her, and the victim E (the age of 39) is a spouse of the above D, and is a person with a disability of 6th degree due to a cerebral disease.

From October 6, 2016 to around 10:40 to around 10:55, the Defendant found D in the D’s plastic greenhouse and, therefore, would have a person to assist D in operating the automatic closing machine of his vinyl house, thereby leaving the victim temporarily.

It is well known from D that the denial may help him to perform the head operation.

“Along with the awareness that the victim has a mental disorder, the victim was moving the victim into a warehouse next to his own plastic house with the victim's cans and coffees, and the victim forced the victim who has mental disorder to sit on the floor by using a ceiling on the floor of the Gu, leading the victim's hand when the victim is waiting for the inside of the warehouse, leading the victim's hand, getting off the victim's shoulder with one hand, getting off the victim's shoulder, cut off the part above the part of the victim's back on his own arms, and then put the head of the victim's head into the part above the part of the victim's own arms for a long time.

2. On March 17, 2017, the Defendant was under the influence of alcohol content of 0.150% in blood around 12:00, the Defendant driven a Fone Star Fone Star Cor on the road with approximately 2 km-ro, 342, a half of the 143-lane 142, from the Seopopo-si plastic house at Seopopo-si, Seopo-si, 767 smuggling, to Seopo-si, Seopo-si.

Summary of Evidence

Sub-paragraph 1 of the Judgment

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness E and D;

1. E’s statement in the statement recording CDs;

1. Medical certificates, etc., certificates of persons with disabilities, and medical certificates of persons with disabilities;

1. Facts set forth in subparagraph 2 of the judgment on the site and the reproduction of crime;

1. The first trial record; and