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(영문) 창원지방법원 진주지원 2016.03.31 2015고합154
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

A defendant shall be punished by imprisonment for not less than one year 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

1. Around September 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against persons with disabilities) stated that “D” sperm shelters located in Chungcheongnam-gun, Chungcheongnam-gun, Busan-gun, and in the same village, the victim E (Woo, 56 years old), who is the disabled in the second degree of the disability in the second degree of the disability in the same village, “Is the body of a woman without a male, Is the victim with his/her own hands.”

Accordingly, the Defendant committed indecent act against the victim with physical disability by force.

2. Intrusion upon residence;

A. On July 6, 2015, the Defendant: (a) opened a gate that was not set up and “a large inside” at the house of the said victim E located in the Republic of Korea, Gyeongnam-gun, Gyeongnam-gun, Busan; (b) around July 6, 2015.

The People's Republic of Korea referred to as "The People's Republic of Korea" and intruded into the victim's residence by entering the victim's married room.

B. On July 6, 2015, the Defendant: (a) around 23:00 on July 6, 2015, opened a window in which the flusium was unfolded, and (b) was in front of the E’s house of the said victim E; and (c) held a window in which the flus

The phrase "to be exempted from a lender", which intrudes on the residence of the victim by putting the defendant's bridge into the window, and admitting the victim's mixed living room.

Summary of Evidence

1. Partial statement of the defendant;

1. Video recorded CDs in the victim’s video;

1. Answer of materials requested for cooperation in investigation (a certificate of persons with disabilities, etc.);

1. A report on internal investigation (attaching photographs, such as windows, etc. at the victim's residence);

1. The defendant asserts that there is only the victim's buckbucks' sucks' sbucks' sbucks' sbucks, but there is no fact that the victim's bucks' embucks do.

However, according to the statements made by the victim's investigative agency, this part of the facts charged is fully recognized.

The above argument by the defendant is not acceptable. The above argument by the defendant cannot be accepted.

1. Article 6(6) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes (Indecent Acts by the threat of disabled persons and the choice of imprisonment), Article 319(1) of the Criminal Act (in the event of intrusion upon residence, the point of intrusion).

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