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(영문) 광주지방법원 2016.07.08 2015고합454

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged lies in F, a facility for the protection of the disabled in Newanan-gun E, who is the president and operates the above facility overall, and the victim G (hereinafter referred to as “victim”) is a person with mental disorders who lacks normal decision-making ability or expression ability because the social age level 3, intelligence index 46, and social maturity index 63, while living at the above welfare center and living at the above welfare center, falls under the age of 10 to 10 months.

A. On May 2013, the Defendant committed the crime: (a) around May 2013, 2013, to the victim (the age of 37 at that time) who covered the instant payment in a room where the injured party lives in the said F (the age of 37 years); (b) by inserting one hand into the inside of the damaged party’s inner part, juth juth juth juth juth just just just just just just just just just just just just

Accordingly, the defendant committed an indecent act by force against a victim with a mental disorder.

B. On the other hand, the Defendant committed a crime in 2014, 2014, and the disabled living in F in the Haan-gun H of the Republic of Korea, and the victim (the age of 38 at that time) who takes a water play in the vicinity of the Inan-gun located in H, Haan-gun, and the victim (the age of 38 at that time), who takes a bath for sea water, led to a part of the victim’s panty over the part of the victim, going beyond the victim’s panty.

Accordingly, the defendant committed an indecent act by force against a victim with a mental disorder.

2. The Defendant and his defense counsel did not commit an indecent act against the victim as described in the facts charged.

3. Determination

A. On May 2013, the reason why the victim stated in the judgment as to the crime was that the victim covered with J, K, and L at around May 2013. However, since the defendant entered the room, the defendant entered the room and met the chest and sound of J first, and the victim walked with his chest and sound, and then the victim walked with his clothes, walked with the victim's neck, fluor, fluor, and fluor. The victim's body was limited to K and L. The victim's body was limited.