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(영문) 창원지방법원 통영지원 2018.07.26 2018고합24
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, while residing in an apartment, such as the victim B (math, 38 years of age, intellectual disability 1st degree), committed an indecent act against the victim with the knowledge that it is difficult to request for assistance or report to others even if he commits an indecent act against the victim because the victim’s level of disability is severe and is not easily communicating, while protecting the victim.

At around 16:03 on November 7, 2017, the Defendant: (a) reported on the completion of the operation of a special school and returned home to the Republic of Korea; (b) led the victim by putting the arms of the victim; (c) putting the victim into the FF in Tong-si E at around 16:11 on the same day; (d) putting the damaged part of the chest with the victim’s hand, kiding the victim into the upper part of the said part; (c) kid the victim’s hand, kid with the victim’s knife, fast, shoulder, shoulder, under the part of the victim; and (d) putting the victim’s knife and knife the knife into the lower part; and (d) put the knife.

Accordingly, the defendant committed indecent acts by inserting fingers into the victim's sexual organ with a mental disability.

Summary of Evidence

1. Statement of the police statement related to G;

1. Video-recording CDs or stenographic records made of the victim's statement;

1. Report on internal investigation [Attachment of the relevant photograph of this case, attachment of the victim's photograph, confirmation and attachment of image taken by the victim's copier, telephone conversations investigation, such as the fact of damage to the victim's mother H, attachment of crime prevention CCTV photographs and video CDs, attachment of the victim's moving route, attachment of a certificate of disabled persons, etc., attachment of written opinion by the victim's statement analysis expert, attachment of victim's statement analysis expert opinion, analysis and summary of the damaged statement, and attachment of the results of a request by the National Institute of Scientific Investigation for Evaluation by the National Institute];

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Order to complete a program;

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