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(영문) 수원지방법원 2015.01.22 2014고합380

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 11, 2013, around 08:42, the Defendant stated the victim FF in Grade 2 of intellectual disability 2, which is being engaged in cleaning a mixed person in the public bath d'E', in the indictment of this case at 19 years of age as '18 years of age', but the victim is obvious that he/she is a Jant and thus, the victim is correct ex officio.

In order to find the victim and commit an indecent act against the victim, scam the victim's chest by using one arms behind the victim, scam the victim's chest by other arms, scam the victim's finger with his hand, continued to scam the victim's finger, and scam into the victim's finger, scam the victim's finger with his hand measured the water temperature, and scam the victim with mental disorder by playing the victim's finger by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. A written statement of F and G;

1. Name cards, such as E bathing cross-do and E head I, bathing cross-do, family relation certificate, family relation certificate, etc.;

1. Determination as to the assertion of the defendant and his defense counsel as to each investigation report (Evidence List Nos. 2, 4, and 6), investigation report (Evidence List Nos. 16)

1. The summary of the assertion is that the Defendant scalked the victim's shoulder, knife the victim's finger, measured the water temperature by putting the victim's hand into a sugar, measured the water temperature, and scalking the part of the victim. However, there is no intention in indecent act by compulsion that the victim's chest, tur, tur, etc. were scalked.

2. The crime of indecent act by compulsion 1 includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is deemed an indecent act. In this case, as long as the assault does not necessarily require to be sufficient to suppress the other party’s intent and there is the exercise of tangible force against the other party’s will, the force is the brupt of force.