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(영문) 전주지방법원 2018.07.20 2018고합72
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for three years.

The information on the accused is disclosed through an information and communications network for a period of three years.

Reasons

Criminal facts

On May 25, 2016, the Defendant and the requester for an attachment order (hereinafter referred to as “Defendant”) were sentenced to imprisonment with prison labor for fraud, etc. at the Gwangju District Court on May 25, 2016 and completed the execution of the sentence in the Jeonju Prison on February 16, 2017.

[2] The Defendant is under confinement in the same room as the victim B (25) and Gwangju School, and the victim is a person with intellectual disability 2 level 2, who has the ability to express his/her opinion or intellectual age lower than that of ordinary adults, and can be aware that he/she has a intellectual disability if he/she explains conversations by lacking the ability to discern things and the ability to express his/her opinion.

1. 2017. 11. 19. 자 범행 피고인은 2017. 11. 19. 23:00 경 광주 북구 중 문로 55에 있는 광주 교도소 C에서, 피해자의 옆에 누워 있다가 손으로 피해자의 허벅지를 만지고, 상의 속으로 손을 집어넣어 피해자의 가슴을 주무르듯이 만지고, 피해자의 젖꼭지를 입으로 빠는 등 피해자를 추행하였다.

2. The Defendant committed a crime on November 20, 2017, at around 04:0 on November 20, 2017, committed an indecent act against the victim, such as: (a) around 04:0, at the same place as the above paragraph (1) above; (b) the victim’s bucks were accumulated in the victim’s side by hand; (c) the victim’s bucks were stored in the victim’s bucks; (d) the victim’s sexual organ was met; and (e) the victim’s bucks were exposed

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

[Judgment of the court below] The Defendant is guilty of having committed a sexual crime against a person with a mental disability, committed a sexual crime on two or more occasions, and committed a sexual crime, and there is a risk of repeating a sexual crime, taking into account the fact that the Defendant committed a sexual crime against a person with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Each police statement made with respect to B, D, E, and F;

1. Investigation reports (Attachment to certificates of persons with disabilities of victims);

1. The current status of the placement of inmates in Gwangju prison C, by ward, and by ward.

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