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(영문) 인천지방법원 2015.04.29 2015고합126

성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(n, 19 years old) are the relationship between the disabled of grade 3 intellectual disability and the disabled of grade 3 in the use of the Incheon Southern-gu D.

1. On May 13, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) knew of the fact that the victim, while playing at the house of the above F, which is located in the second floor of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, with the victim and his wife, was disabled, and committed an indecent act by force against the victim, by making use of a cresh in which the F, who was in charge of the chest part of the victim's chest, by hand, and who was living in the house of the above F, which is located in the second floor of the Nam-gu, Incheon, Nam-gu, Incheon, with the victim and his wife.

2. At around 17:00 on the same day, the Defendant committed an indecent act against the victim with mental disability by force, such as entering the victim’s name that the victim refuses to refuse to do so three times in sequence in the dwelling space, the rest room, the toilet, and the inner bed room of the above F, and taking the victim’s chest into custody by hand, and taking custody of the victim’s breast part by hand, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of the victim C;

1. Statement of the police statement concerning F;

1. Stenographic records;

1. Determination on the assertion by the defendant and his/her defense counsel of expert opinion on sexual assault against persons with disabilities

1. The Defendant alleged that: (a) there was no fact by which the victim was committed by indecent act while on the F’s house, as stated in paragraph (1) of the crime, and (b) there was a fact that the victim’s chest was delivered twice at the victim’s chest in a ward in F’s house; and (c) there was no indecent act by force on the part of the toilet and inside room, such as paragraph (2) of the crime.

2. Determination

A. In light of the following circumstances revealed by the evidence adopted and examined by this court, the Defendant’s indecent act by force against the disabled victim as stated in paragraph (1) of the crime, and the Defendant’s crime-related crime-related crime-related crime-related crime-related crime-related crime-related crime-related crime 2.