beta
(영문) 대전지방법원 공주지원 2016.02.17 2015고합43

성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

It is difficult for the Defendant to communicate with the victim C (the 22 years of age, intellectual disability 2 level) who is a married wife’s father and her mother. The Defendant was well aware of the fact that it is difficult for the Defendant to resist because the social age is less than 6 years old and 4 months, and it is difficult for him to voluntarily express his opinion, reasonable thinking, and appropriate judgment ability.

In addition, as the mother of the victim also has intellectual disabilities and the two females live in his residence, the victim's mother was aware that the victim's mother goes out of the victim's house, and the victim's mother was able to commit an indecent act by spreading the gap.

1. On December 2014, 2014, the Defendant found the victim’s house located in Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, and found the victim’s house in Cheongyang-gun, who was mixed with the victim, was able to enjoy the victim. On the other hand, the Defendant committed an indecent act by inserting her hand into the victim’s clothes in a situation where she is unable to resist due to a intellectual disability, she took charge of his/her breast, and her finger by inserting his/her hand into the knick part.

2. On March 8, 2015, the Defendant, at around 10:48, found the victim’s house and reported the mixed TV at the victim’s house, committed an indecent act by putting the victim’s chest and her son, who was in a difficult situation to resist due to a cadastral disorder, in his/her finger and her son, in his/her son and her son.

As a result, the Defendant committed an indecent act on the victim two occasions in total by taking advantage of the victim's mental disability that makes it difficult to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Stenographic records (integrated support centers for victims of sexual assault), written records of victims, stenographic records (victims), recording records and report;

1. A report on investigation (the visit of a victim's interview and cell phone text messages), and a report on an investigation (the visit of a suspect to CCTV on the victim's house);

1. Investigation report (Submission of written opinions of the victim psychological and analysis expert), and written opinions;

1. Certificates of persons with disabilities (C), each disability diagnosis certificate (C);

1. The counseling service for victims;