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(영문) 춘천지방법원 2016.04.22 2016고합7

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was well aware that the victim, who was aware of in the course of attending a church, such as the victim C(the age of 24) with intellectual disability 3, has a tendency to easily with intellectual disability due to intellectual disability that falls short of the ordinary people, such as attending a school for the disabled, etc., and that there was a tendency to interfere with the passively without expressing the intention of refusal to the subjects who feel the pressure.

1. On May 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct against Persons with Disabilities) brought the arms of the victim with the victim in a state that he/she was aware of being put to the arms of the victim with the victim at the E church corridor located in Chuncheon-si, Chuncheon-si.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On May 2015, the Defendant, a church vehicle, which was parked in front of the F commercial in Chuncheon City, the date of May 2015, displayed his own image in the front of the Defendant’s mobile phone, and had the victim go to the Defendant’s sexual organ by forcing the victim’s hand by forcing the victim’s hand, and continuously put the victim’s her hand into the victim’s brogate, and her breast by gathering his hand with the victim’s body’s panty and panty, and then put the victim’s knife and her knife against the victim, and inserted the victim’s knife into the victim’s knife.”

As a result, the defendant committed an act to put the victim's fingers into the victim's sexual organ by assault or intimidation against the victim who has a mental disorder.

B. On July 19, 2015, the Defendant: (a) was parked in the front of H located in Chuncheon City, G around July 19, 2015; (b) was milched after the first frighter who was seated by the victim; and (c) was fit for the victim’s body.