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(영문) 대구지방법원 2013.08.16 2013고합245

성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)

Text

A defendant shall be punished by imprisonment for 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 is the first degree of visual disability who graduated from the high school course of the D School, which is a special school in Daegu Southern-gu, and the victim E (ma, 25 years old) is the first degree of visual disability, and the same student is the same as the defendant.

by using the fact that the Defendant does not seem to have a visual impairment of the victim:

1. The victim tried to put his hand into the victim's boom within the classroom of the fourth floor of the above D School on Apr. 2007, 2007, she again put the victim's boom by inserting hand towards the victim's boom, and only once she met the chest.

2. The same year;

5.Neman. At the same place as above 1, the grandchildren were boomed in the victim’s status;

3. Before the end of the same year (to be presumed in spring); at the fifth-story sports room of the above D School, the fingers in the victim’s status were met;

4. Absker on September 2008, 2008, after the lapse of the above D-school corridor, the hand was boomed on the part of the victim's boom;

5. 2009. 9. 초순경. 위 D학교 5층 강당에서 피해자의 옷 위로 젖꼭지를 만졌다.

Accordingly, the defendant committed an indecent act against the victim on five occasions in total by taking advantage of the victim's physical disability of the first degree of visual disability to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of prosecutorial statement concerning E;

1. Each police statement made to E, F, G, H, I, and J;

1. Application of Acts and subordinate statutes to behavioral development records and living records;

1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 8 of the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act; Article 298 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be the largest penalty. < Amended by Presidential Decree No. 21629, Sep. 2, 2009>