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(영문) 대구지방법원 2018.04.13 2018고합9

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a guardian of a learning ground working at a middle school located in Busan Metropolitan City, and the victim D(15 years old) is a student attending the above middle school and is a disabled person of class 3 of intellectual disability.

On August 30, 2016, around 10:35, the Defendant discovered a cell phone that fell from the front of the object box in the middle school education class around 10:35, the Defendant followed the Defendant’s body toward the partitions, which was created for the use of the simple escape room after the victim’s propertyping, and followed the victim’s body.

The term "the victim" refers to "the victim's her panty, her breast by inserting her finger into the brode of the victim's her panty, fasting the victim's breast, and forced the victim to put his her panty into the victim's panty.

Accordingly, the defendant committed an indecent act against a victim with a mental disability.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police for E;

1. Notice of the results of statement analysis;

1. Recording recording recording and reporting;

1. The application of Acts and subordinate statutes to each internal investigation report (a statement made by the victim's statement, a stenographic record and a picture attachment, a specific person in the victim's statement, a operational plan operated by the guardian of the learning ground in 2017, and a guardian of the learning ground in 2016 shall be accompanied by a copy of service situation, a certificate of the victim's attending school, and a report attached as a result of the Autonomous Committee on Countermeasures against School Violence, a attachment of photographs taken of the scene of the crime, such as a certificate of the victim's disabled person, and a attachment of expert opinion on statement analysis of the victim's statement);

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;