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(영문) 수원지방법원 2016.07.19 2015고합589

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On June 20, 2015, around 06:30, the Defendant discovered the victim F, a mentally disabled person, who was waiting for providing free meals in front of the E basin in front of the Del (hereinafter referred to as “the instantizedel”), and induced the victim to enter the said 307 telecom (hereinafter referred to as “the instant telecom”).

The Defendant committed an indecent act by force against the victim with mental disorder, such as sending the victim's bucks to the victim's bucks by hand and leaving the victim's bucks to bucks, and making the victim take the victim's bucks by hand and sucks.

Summary of Evidence

1. Legal statement of witness F;

1. Each statement of the witness G and H in the second public trial records;

1. F’s statement protocol concerning F (“Defendant’s defense counsel”) was presented to F to the effect that it is clear that F is the same as F’s statement made before the judicial police officer, and that F, a disabled person of Grade III with mental disorder, was present in this Court as a witness and read the above police’s statement protocol after the investigation was completed by the police, and that F, read himself/herself, write his/her name, and talked with his/her name at the time of the investigation.” In addition, even according to F’s video recording CD’s image, it is evident that F is the same as F’s statement made at the time of the investigation into F. In addition, the Defendant’s defense counsel stated it at least because F or F, without questioning or making a statement as stated in the above police statement at least 49:4 p. 13 p.m., the victim’s defense counsel cannot be admitted as evidence. However, the victim’s defense counsel asserted that this part is inadmissible.