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(영문) 광주지방법원 2014.12.01 2014고합373

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 21, 2014, the Defendant committed indecent act by force on the part of the victim D (the 57 years of age, 57 years of age, brain disease class 5) in the elevator of 103-dong, Gwangju Mine-gu, Gwangju, by force.

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in compliance with this Act;

1. The statement made by a victim of a video recording about the victim D, which is appropriate for such video recording;

1. Any description fit for D's certificate of persons with disabilities;

1. We can recognize the images suitable for the above, among images taken by cutting off an elevator's internal image data, and there is proof.

The defendant and defense counsel's assertion and the judgment of this court

1. The Defendant committed the instant crime in the state of mental disorder caused by brain stroke and drinking.

2. According to the evidence duly adopted and examined by the court, the victim could be recognized as having failed to feel smelled from the defendant on July 21, 2014. The victim was on the 14th floor of the apartment of this case, and the defendant was on the part of the victim after the victim was followed, and the defendant was on the part of the victim's left chests by going back from the left side of the victim's after the victim was cut back to the first floor after the elevator. The victim was on the part of the defendant's arm's length, fright, and fright, and fright with the defendant. The victim took a bath to the victim who prevented the defendant's action, and the victim was on the part of the defendant's behavior. In addition to the above recognized facts, since the time of the crime occurred, the defendant was not on the part of the defendant, and the defendant was on the part of the defendant's intellectual ability and ability to frighten the victim at the time of the crime of this case.