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(영문) 대전지방법원 2017.10.13 2017고합192

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)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.

(e).

Reasons

Punishment of the crime

The victim C (the 16-year old) is a disabled person with intellectual disability 3, and the defendant first found the victim, who was suffering from a short retail rheat that does not meet the season at the time of the first finding, and was able to be aware that any person is in a intellectual disability without any answer even at the time of questioning.

1. On November 14, 2016, the Defendant: (a) discovered the victim on the street near Daejeon-dong, Daejeon-gu, Daejeon-gu, with the discovery of the victim; and (b) the victim “influences.”

The water called “F” at the time when the victim did not answer any question, and instead, the water induced the victim for the purpose of committing an indecent act by 502 Monob “F” in Jung-gu E in the same city where the victim laid the taxi at the taxi.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against persons with disabilities) committed an indecent act by force against the victim, who committed an indecent act by force, on around 04:12, the above Fel 502 on the same day, and on his/her own hand only 2-3 occasions on the victim’s chests with each other.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police concerning G;

1. Requests for confirmation, such as a gene appraisal statement, the details of case processing following verification of DNA conformity, and the transmission of the results of DNA identification data data search by DNA identity verification;

1. Determination as to the assertion by the defendant and his/her defense counsel of the disabled person certificate, fact confirmation, hospitalization confirmation, and outpatients confirmation

1. The summary of the argument is that the defendant's act does not lead the victimized person to the telecom with the intent of committing an indecent act, but does not constitute the defendant's act of kidnapping or kidnapping.

2. Determination

A. The term "induction" as referred to in Article 288 of the Criminal Act refers to the act of moving a person under his/her or a third party's factual control by having the person escape from his/her free living relationship or protection relationship according to the defective intent by deceiving or cruel means (Supreme Court Decision 288 delivered on September 14, 1976).