성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The lower court acquitted the Defendant on the ground that it is difficult to deem that the Defendant exercised the victim’s right of fear and fear of fear and injury on the grounds of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case.
However, it is sufficient to recognize that the victim committed an indecent act against the disabled person by force, on the grounds that the victim had been guilty of committing an indecent act by compulsion of the disabled person under Article 1(1) of the judgment of the court below, and the defendant had committed an indecent act against the disabled person by force.
In so determining, the lower court erred by misapprehending the legal doctrine on indecent acts against the disabled persons by mistake or by force, thereby adversely affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (two years of suspended sentence in October) is too uneased and unfair.
2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle
A. The summary of the facts charged is a person with a disability of class 2 with intellectual disability who lacks the ability to discern things or make decisions, and the victim B (the age of 41) is a disabled person of class 2 with intellectual disability.
around 04:00 on October 23, 2018, the Defendant stated that “The D Association E branch of the Disabled Persons Association” (hereinafter “the D Association of this case”) in C (hereinafter “the D Association of Persons with Disabilities”) was the office of the D Association of Korea (hereinafter “the D Association of Persons with Disabilities”), found that the victim was in a sofacion, exceeded the victim’s tea, and the victim was in the play, while the victim was in a way of playing, and that “I would know if you would know that it would be well.”
Therefore, the victim, who had been thought to have committed violence from the defendant without hearing the horses, was only able to do so according to the direction of the defendant, and the defendant was able to write her hand into the victim's panty, and became her part of the victim.