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(영문) 광주지방법원 2016.11.04 2016고합297
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

After the defendant becomes aware of the victim E (tentative name, female, December 198, 17) who is the first disabled person of the second degree intellectual disability, which is the family members of the same person, through C church pastors, the family members of the same person, and the family members of the third degree intellectual disability, and the victim F (tentative name, female, November 1, 199, and age 16) who is the third degree disabled person, the defendant got informed of the family members of the third degree of intellectual disability.

1. On January 2016, the Defendant’s indecent act by compulsion against the victim E asked the victim at the H singing room located in the Dong-gu, Gwangju, Dong-gu, about the day-to-day day-to-day day-to-day, whether the victim “at any time he gets out” is asked by the victim “at any time he gets out,” and the victim’s clothes were sent back to the victim’s left chest by hand.

Therefore, the victim tried to use sings that occur in the face of the victim from behind the victim, and to dance the victim in line with the view of the victim, but the victim avoided face.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

2. On March 6, 2016, the Defendant: (a) committed indecent act by compulsion against the Victim F by compulsion; (b) contacted the victim to the J Hospital and the victim before the J Hospital located in Gwangju Northern-gu I; and (c) served the Defendant on the Defendant’s K Cost Star vehicle.

그리고나서 피고인은 피해자에게“나 힘들다, 성기 한번 만져 달라”고 말을 하였고, 피해자가 싫다고 거부하자 갑자기 손바닥으로 피해자의 옷 위로 피해자의 왼쪽 가슴을 툭 쳤다.

Accordingly, the defendant committed indecent acts by force against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravating concurrent crimes as prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse on March 6, 2016] among concurrent crimes.

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