beta
(영문) 대전지방법원 공주지원 2013.11.13 2013고합37

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Indecent acts by compulsion;

A. At around 14:00 on November 201, 2012, the Defendant met the victim F (nive, 43 years of age) and G with the victim’s clothes while drinking alcohol together with G, while G put the victim’s right chest into the victim’s clothes outside, and met both chests of the victim. At the victim’s panty, the Defendant forced the victim to commit an indecent act by: (a) put the victim’s fingers into the part of the victim’s panty; and (b) put the victim’s fingers into the part of the victim’s panty; and (c) committed an indecent act by force.

B. At around 16:00 on March 9, 2013, the Defendant met the chest of the same victim (if he/she is aged 44) who intends to sit next to H in C, and committed an indecent act by force against the victim.

2. Around 16:00 on March 10, 2013, the Defendant: (a) obstructed the victim’s phrase that “the victim has taken a box where her chest was delivered to the box;” and (b) assaulted the victim by breaking the victim’s her blaps at the time of the victim’s breath and her blaps.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Opinions of experts in sexual assault cases against children with disabilities;

1. Application of an investigation report (to hear reports by police officers in need of the H I statement), the receipt and handling of reports on crimes 112, and the Acts and subordinate statutes governing the work site in the J District;

1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of fines for the crimes in question;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes by force prescribed in the crime of indecent act by force on March 9, 2013 with the largest punishment and circumstances]

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an order to complete a program (wholly amended by Act No. 11556, Dec. 18, 2012)

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.