성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
A victim C (a family name, 54 years old) was judged as having a 2nd disability due to cerebral cerebral cerebral macy, verbal disorder, and mail expenses, and the Defendant was hospitalized with the victim as well as the E convalescent hospital 205 located in Chungcheongnam-gun, Chungcheongnam-do from March 16, 2015 to June 26, 2015.
1. On March 2015, the Defendant committed a crime in the middle of March 2015, 2015, followed by the victim’s luxiness, from around 06:00 to around 07:00, to the end of 05:00, the Defendant met the victim’s sexual organ above the panty typty in which the victim was able to have kid.” The victim was able to have kid by fluor’s hand and kid by fluor’s hand, and kids the victim’s sexual organ.
Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of his physical or mental disability having difficulty in resisting or resisting the victim.
2. On March 2015, the Defendant, who committed the lower-class crime, was able to do so to the victim who sited in wheelchairss and viewed television around the lower-class p.m. on March 2015, 2015.
Women and women should be judged.
Women's and women's and men's k's kisk on the buck of the victim, and the sexual organ of the victim was changed above the victim.
Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of his physical or mental disability having difficulty in resisting or resisting the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Verification of the duration of hospitalization;
1. Stenographic records;
1. Application of a copy of a certificate of disabled person;
1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which may be applicable to the crimes, and the choice of punishment, respectively;
1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Net Sex Offenses (Indecent Acts by Persons with Disabilities) with heavy penalty on March 3, 2015];
1. Article 53 of the Criminal Act for mitigation of amount;