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(영문) 서울북부지방법원 2014.08.01 2014고합201
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

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

The defendant's disclosure of information to the public is seven years through an information and communications network.

Reasons

Punishment of the crime

【Defendant of the facts of crime” and the person subject to a request to attach an attachment order (hereinafter “Defendant”) concluded a self-support labor contract with the C Center on February 4, 2013, and performed duties on dispatch of disabled assistants at the C Center and D Center from March 2013 to May 2014 in accordance with the disability integrated assistant dispatch agreement with the C Center.

around 10:15 on May 15, 2014, the Defendant committed an indecent act by force against the victims of disabilities on a total of 21 occasions from the time until the 21st day of May, 2014, including: (a) the victim F (n, 27 years of age) in the D Center located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) the victim F (n, 27 years of age) in the intellectual disability 1 living in the said Center, from the stairs, kid the victim’s body; and (c) forced the victim’s entrance; and (d) the victim’s indecent act by force.

【The Facts constituting the cause of an attachment order】 The Defendant is found to have committed a sexual crime on two or more occasions, and the Defendant committed a sexual crime against a person under the age of 19 (victim G), committed a sexual crime against a person under the age of 19, committed a sexual crime against a person under the physical or mental disability, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Reports on internal investigation (related data to victims who have submitted the protection center), investigation reports (Investigation of data submitted to the C Center related to suspects), and investigation reports (Investigation of counter parties to the J of the victim);

1. Video recorded in the CCTV CD of the Center;

1. The risk of recidivism of sexual crime and recidivism in the judgment: The defendant committed the indecent act by compulsion against victims who fall short of the physical strength due to serious intellectual disability (class 1 or 1 of intellectual disability) although the defendant worked as assistants for disabled persons in a protective facility for disabled persons and completed various educations on the prevention, etc. of sexual crimes related to disabled persons in advance, and the defendant committed the indecent act by compulsion at the D Center.

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