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(영문) 춘천지방법원 강릉지원 2016.10.13 2016고합51

성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities), knew that the victim E, who is a person with intellectual disability, has a difficulty in easily resisting the indecent act due to mental disorder, was aware that it is difficult for him/her to resist due to a mental disorder. On April 15, 2016, the Defendant committed an indecent act by taking the Defendant’s hand over the victim’s hand while he/she was seated at the event of the said D Park, and used the victim’s hand over the long time with the victim’s hand, and the victim committed an indecent act by taking advantage of the victim’s difficulty in resisting due to mental disorder.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and place specified in the above Paragraph 1 (1) above, and at the place, the Defendant 112 notice was defective and 112 notice was made. From the front of the said D Park to the Gangnam-si F apartment parking lot, G Haba was driven without a driver’s license in approximately 2 km section.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of H;

1. Statement-recording CDs or stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (receiving a report, etc.), expert opinions on sexual assault against the disabled women, internal investigation reports (attached a written opinion on psychological evaluation), psychological evaluation opinions, certificates of disabled persons, mental and physical diagnosis certificates, certificates of 112 reported cases, replys to issuance of detailed statements on processing the 112 reported cases, detailed statement on processing the 112 reported cases, investigation reports (Attachment of CCTVs and video CDs after cutting down CCTV at the scene), investigation reports (including photographs of CCTV at the site), investigation reports (related to statement of suspects

1. Article 6 (4) and (3) of the relevant Act on Criminal Facts, and Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 298 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Articles 154 and 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Discretionary mitigation Criminal Act;