성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 2017, the Defendant became aware of the victim due to the introduction to E, who is the husband of D, as the victim C (Woo, 25 years of age, mental delay, and brain disease class 2).
1. On May 23, 2017, the Defendant, on May 22, 2017, went to the “I elementary school” located in Sacheon-si, Sacheon-si, for drinking alcohol and drinking two-lanes as the victim C, the above D, and E, and went to the victim to the “I elementary school” located in Sacheon-si, Sacheon-si.
On May 23, 2017, the Defendant: (a) was waiting in the vicinity of the wall near the above elementary school around the new wall; (b) while the Defendant was waiting to move the victim with the above D and E in the said place, the Defendant placed a back head of the victim even though the victim was able to suffer from the victim, and refused to stop and stop, and again kid the victim; and (c) even though the victim said that “she would not want to do so,” the victim called “maz.”, the Defendant laid down the chest above the victim’s clothes in his/her hand and her clothes, and turned down the victim’s sound part with the clothes above.
The written indictment contains the statement that "the part of the injured party was included in the flash of the injured party." However, considering the victim's statement in the investigative agency, the written indictment is revised to "the part of the injured party was confined to the flag above the clothes to the extent that it does not materially disadvantage the defendant's exercise of his right of defense."
The defendant continued to know the way from the victim to the E's house near the E's house in Sacheon-si, Sacheon-si on the same day, and received a request from the victim to the E's house that he lives, and tried to move the victim's chest by his own hand, and tried to see the victim's finger, even though the victim stated that "I will not ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma ma f ma ma ma ma ma".
Accordingly, the defendant committed an indecent act on the part of the victim with a physical or mental disability.
2. On May 25, 2017: