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(영문) 부산지방법원 2017.06.30 2016고합979

성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant pointed out that he is a victim C (n, 23 years of age) who is a 1st degree disabled person.

1. On May 9, 2016, at around 18:30 on May 18, 2016, the Defendant: (a) had the victim d apartment in Busan Young-gu and on the street in front of 205, and had the victim d apartment in front of 205, and had the victim do other words, such as the horse that the victim was divided into the victim; (b) had the victim aware that the victim was a person with intellectual disability, and had the victim aware that he would commit an indecent act after the hoscing, and had the victim wanted to drink. (c) had the victim d'F' restaurant in Busan Young-gu, Busan, and had the victim d'F' restaurant in Busan, and had the victim go to the "H music practice hall" located in Busan, Gyeonggi-do.

As such, the defendant induced the victim for the purpose of committing an indecent act.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against the disabled) around 22:30 on the same day, and around 22:30 on the same day, the Defendant was aware that the above victim was unable to properly cope with another person’s sexual contact due to intellectual disability, such as refusing to understand the meaning of the victim’s sexual contact, and refusing to do so. The Defendant was aware that the victim was unable to properly understand the meaning of the victim’s sexual contact due to intellectual disability, and placed the victim’s chest and f

As such, the Defendant committed an indecent act against the victim, who is a disabled person, by taking advantage of the fact that the victim is unable to resist or resist due to mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by a victim contained in each video CD;

1. Recording records of each statement made to victims C;

1. Each police statement made to I and J;

1. Application of each investigation report, welfare card copy, report of persons with disabilities, certificate of persons with disabilities, each disability diagnosis certificate, disability grade decision, resident registration slip, abstract of resident registration card, written opinion, each photograph (time 25, 34, 39) of Acts and subordinate statutes shall apply;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;