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(영문) 전주지방법원 군산지원 2017.04.27 2016고합153

성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)

Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is that the Defendant is a person who, from around 2012, works for F, a residential facility for persons with intellectual disabilities located in E, as a rehabilitation teacher, assist people with intellectual disabilities in the daily life of people with disabilities, operates a vehicle to assist them in the daily life of people with intellectual disabilities, and has them attend and depart from a F outside school.

Defendant G (Woo, 14 years old) did not refuse the other person’s unfair behavior or demand, which is the second degree of intellectual disability (intelligent Index 38, 38, and 38) living as a resident living in the above F, and did not want to commit an indecent act against the victim with knowledge that it is difficult to resist the other person’s unfair behavior or demand, and that even if the damage was inflicted, it cannot be easily inferred to the outside.

1. The Defendant: (a) around 2013, the instant F2 stronger time: (b) had the victim knicked his hand from the victim’s 2nd floor lecture; (c) had the victim knicked his hand at the victim’s shower room; (d) had the victim knicked her hand on the victim’s clothes; and (e) had the victim knick knicked her breast on the part of the victim’s clothes.

2. On the date of wintering 15:00 to 16:00, the Defendant: (a) before I middle school located at Hasan-si, the Defendant: (b) transferred the victim, who was sitting in the rear seat of the driver’s seat, to a auxiliary seat in front of the driver’s seat, while he returned to F by the Defendant, while he was driving the victim at the J.S. (hereinafter “instant vehicle”); and (c) moved the victim, who was sitting in the rear seat of the driver’s seat, to a auxiliary seat in front of the driver’s seat; and (d) laid the victim’s hand onto the lower panty panty in which the victim was suffering.

3. The Defendant entered the above F 1st floor K, which the victim was divingd by the time when the new wall time was from wintered on the wintered day of 2014, and brought the victim into the victim by enjoying it next to the victim.

In this respect, the defendant committed an indecent act against the victim by using the state of difficulty in resisting the victim through three times.

2. The summary of the defendant's and his defense counsel's assertion is charged.