성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant and the victim B (the age of 36) reside in the same apartment complex, and the victim is a person with mental disability of grade 3.
1. On September 2019, the Defendant met the victim’s “12 stories” in the Defendant’s elevator of the Seoul Special Metropolitan City, Nowon-gu Apartment D apartment (Seoul Special Metropolitan City, Nowon-gu), and the victim’s her her her her her her her her son.
Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.
2. On September 25, 2019, around 10:30 on September 25, 2019, the Defendant discovered a prior victim of the C Apartment E-bank in Seoul Special Metropolitan City, Nowon-gu, 365 cop to transfer the account, and subsequently, the Defendant became only her son.
Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.
3. 피고인은 2019. 10. 11. 11:03경 서울 노원구 C 아파트 D동 엘리베이터 안에서 오른손으로 피해자의 엉덩이를 3회 툭툭 치고, 피해자가 왼손을 들어 하지 말라는 제스처를 취하였음에도 다시 피해자의 엉덩이를 1회 주무르듯이 만지고, 계속하여 엘리베이터 밖으로 나가는 피해자의 엉덩이를 1회 툭 쳤다.
Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.
Summary of Evidence
1. Defendant's legal statement;
1. Records of statements made by victims;
1. The police statement concerning F;
1. A copy of the victim's welfare card, such as report of internal history and field verification;
1. Photographs photographs of a place of crime related to the crimes in paragraph (2) of this Article, photograph of head of Tong in the E bank account in the name of the victim mother, photograph of the household in the preparation of victim mother F, photograph of the CCTV in the elevator related to the crimes in paragraph (3) of this Article, and photograph of the CCTV images
1. Application of statutes on experts' written opinions to sexual assault cases against persons with disabilities;
1. Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 298 of the Criminal Act, and the choice of imprisonment
1. The Criminal Act among concurrent crimes.