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(영문) 대구지방법원 서부지원 2020.05.14 2019고합248

성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a social work personnel working in B who is a protected workplace for disabled persons, and the victim C (n, 22 years old) worked in the above workplace as a intellectual disability 3, and the victim D (n, 22 years old) was a intellectual disability 3, and became aware of it in the above workplace.

1. Crimes against victims C;

A. On September 24, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature with disabilities) was in the B workplace located in Daegu-gun E around 13:00, and the Defendant was seated next to the victim C, who was in the work, and ruptured the victim’s hand below the table, and ruptured the victim’s hand, and then put the Defendant’s hand into the victim’s panty, thereby putting the Defendant’s hand in the victim’s sexual organ during the victim’s sexual organ.

Accordingly, the defendant committed an act of inserting part of body such as fingers, etc. in the sexual organ of a person with a mental disability through violence or intimidation.

B. (1) On September 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) 1: (a) around September 27, 2019, the Defendant took the son of the victim C, who is willing to take the son of the victim, and took the son’s son. (b) On September 27, 2019, the Defendant 1: (c) around 08:35, 2019, she was aboard the son of the cargo 1 ton of F1 ton and her left son of the victim C while passing through the H in Daegu-gun-gun, while she was passing through the road in front of the Hagu-gun, the Defendant got the victim’s body and pushed the Defendant’s body into the right chest of the victim by hand.

Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.

2. On September 27, 2019, the Defendant committed the crime against the victim D, i.e., 16:0 to 16:30 on September 27, 2019, she was able to write down the victim’s her sent with his her her sent with his her sent.

Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of K and L;

1. The victim C.