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(영문) 수원지방법원 평택지원 2018.02.05 2017고합200

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 2017, the Defendant regularly used a cafeteria of the fourth floor of the Gyeonggi-si building in Pyeongtaek-si, which received medical treatment in the same building, provided meals in the same table with the victim D (names, 23 years of age, 23 years of age, and class 2 of developmental disabilities) who provided meals in the same building, and had talked with the victim by using the same table, who was aware that the victim was disabled, and was able to commit an indecent act after inducing the victim to his/her lane.

1. On May 2, 2017, from around 11:00 to around 14:00 on May 2, 2017, the Defendant told the victim of the instant 4th floor restaurant of the instant C building that “brecing brecing brecing the brecing brecing brecing” to a vehicle with the Defendant’s Egal gals parked in the outdoor parking lot of the said building, and led the victim to a vehicle with the Egal gals of the Defendant, who was parked in the said outdoor parking lot. On the other hand, the victim’s head and shoulder aboard the back brecing of the said vehicle was limited to the victim’s own

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

2. On May 12, 2017, the Defendant, from around 11:20 on May 12, 2017 to around 13:00 on the same day, told the victim of the instant 4th floor restaurant of the instant building C to “inward off the way to reduce drinking”, leading the victim to a vehicle with the above gallon that was parked in the outdoor parking lot of the said building, and led the victim to a vehicle with the above gallon that was parked in the said outdoor parking lot of the said building. On the other hand, the victim was on the back left the said vehicle and parked the said vehicle with the G parking lot located in the Gyeonggi-si F.

Defendant continued to capture the victim's head, neck, and shoulder with the back of the above car with the back seat of the victim's head, knife with the victim's knife, knife the knife into the clothes of the victimized person, and knife the knife by inserting the knife with the victim's knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

1. Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, and the Criminal Act.