성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 14, 2013, the Defendant committed an indecent act against the victim of mental disability of class 3 (the age of 21) by inserting his hand in the fucks of the victim E (the age of 21) who was seated in the location of the cell phone store in Gwangju Northernbuk-gu, the Defendant committed an indecent act against the victim of mental disability, who was physically disabled by force, by spreading the left buckbucks into the fucks, and exposing the right chest.
Summary of Evidence
Criminal facts in holding
1. Any statement made by the defendant in a part appropriate for such statement in this Act;
1. A statement made by the witness F in compliance with this Act in this court;
1. The statement of the victim appropriate for the victim from among the video recordings made to the victim;
1. Each statement made by a doctor G and H, which conforms to each of the disability diagnosis certificates;
1. A statement of the psychological evaluation report prepared by the I or J, which conforms to the report;
1. As a result, it can be recognized by combining the visual images suitable for the video recordings in the case place, there is proof.
The defendant and defense counsel's assertion and the judgment of this court
1. The Defendant and the defense counsel did not know that the victim was a normal person, and even though the victim’s knee-knee-knebbbbs did not take place, the victim’s humbbbbbs did not look at the victim’s humbbbs. The victim’s humbbs were huming and huming, but the victim’s hum did not look at the victim’s hum.
2. The judgment of this Court
A. According to the evidence duly adopted and examined by this court, the following facts can be acknowledged.
1) The victim is a intellectual disabled person of Grade III with mental illness, and the victim’s intellectual ability (I Q 68) and social adaptation ability (S Q 66.25, and social age 10) are both lower than the average of the same age group. 2) F became aware of the victim’s sexual intercourse at the time of conducting a job related work at a plant located in Yangsan-si, and the victim’s sexual intercourse with the workplace was terminated around August 2013.