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(영문) 서울북부지방법원 2015.01.09 2014고합145

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

"2014 Gohap145"

1. On October 7, 2013, the Defendant committed an indecent act by force against a victim, who is disabled, such as the victim D (Inn, 43 years of age, intellectual disability 2 level) in Seoul Special Metropolitan City, Nowon-gu, the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s

2. On March 7, 2014, the Defendant obtained the pecuniary benefits equivalent to KRW 15,360 by failing to pay the taxi fee to the victim, on the ground that he/she was on board the taxi operated by the victim E while he/she lacks the ability to discern things or make decisions due to alcohol dependence and exploitation, despite having no intent or ability to pay the taxi fee, the Defendant was on board the taxi operated by the victim E and obtained the pecuniary benefits equivalent to the amount of KRW 15,360 by failing to pay the fee after he/she was on driving the taxi and arrived at the Seoul Station.

On March 14, 2014, the Defendant: (a) around 23:49 on March 23:49, 2014, the Defendant: (b) had weak ability to discern things or make decisions due to alcohol dependence and exploitation; and (c) had no intent or ability to pay taxi charges even if using a taxi, the Defendant pretended that he would pay the taxi charges; and (d) had the victim F used the G taxi to operate the said taxi and did not pay KRW 21,660, and did not pay the said taxi charges to the children of the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul; and (b) obtained the pecuniary benefits equivalent to the said amount.

Summary of Evidence

[Judgment 2014Gohap145]

1. Partial statement of the defendant;

1. The recording of D police statements recorded on D.