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(영문) 청주지방법원 제천지원 2018.08.23 2018고합23

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant committed each of the following crimes with disabilities of class 3 with intellectual disability, under the state that they lack the ability to discern things or make decisions:

1. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of similarity with persons with disabilities) from October 2017 to November 201 of the same year, at the D workplace incheon City, the Defendant reported the victim E (the age 56) who is a disabled person of Grade 3 with intellectual disability that he/she sits in, and forced him/her to commit an indecent act on his/her part (the age 56), and put the victim in the victim's finger with his/her inner part, and put the victim's finger into the part of the victim's drinking.

2. On October 2017, the Defendant committed an indecent act against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) by reporting the victim E, who is a disabled person of Grade III with intellectual disability where he/she sits in from around October 2017 to around November 201 of the same year, and by forcing him/her to commit an indecent act on the part of the victim, who is a disabled person of Grade III with intellectual disability where he/she sits in the said place. The Defendant committed an indecent act by inserting the victim’s chest by inserting his/her hand into the part of the person who suffered the victim’s own identity.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement-recording CDs against victims E;

1. Determination as to the assertion by the defendant or his/her defense counsel in each investigation report [Attachment of a certificate of persons with disabilities and a certificate of diagnosis of disabilities against the victim, Attachment of a copy of interview with D social workers and counseling services, attachment of expert opinion]

1. The summary of the allegation shall not be a crime because the victim's fingers are added to the drinking part of the victim, or the chests are delivered, with the consent of the victim;

2. In light of the following circumstances that can be recognized by the evidence mentioned above, the defendant can be sufficiently recognized by inserting fingers into a part of the victim's sound without the victim's consent and the fact that the defendant committed an indecent act by deceiving the chest.

The defendant and defense counsel are not accepted.

(1) A victim may have a intellectual obstacle.