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(영문) 수원지방법원 안양지원 2017.12.01 2017고합169
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by a fine of KRW 25,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] On May 12, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Injury) at the Incheon District Court, and the said judgment became final and conclusive on September 25, 2017.

[2] The Defendant was sentenced to a sentence and was confined to a prison, and the victim C (25 tax) was a disabled person with intellectual disability of third degree with the Defendant, and the Defendant was aware that the victimized person was a disabled person.

1. On July 21, 2017, the Defendant: (a) committed an indecent act by force on July 21, 2017; (b) on July 21, 2017, 2017, 2.06:30 Syang Prison D, Ayang Prison D, which is located on the road No. 508 paths as the Gyeongyang-si, as the Gyeongyang-si, was seated on the side of the victim during weather inspection hours; (c) was faced with the victim’s own hand, leading him/her to his/her damages

2. On July 22, 2017, the Defendant forced indecent conduct on July 2, 2017: (a) entered a toilet with the victim’s body in order to show the shower at the place indicated in paragraph (1) around 18:00; (b) entered the toilet with the victim’s body in order to give the shower; (c) brought the victim back from the behind of the victim himself/herself; and (d) brought him/herself to the right side of the victim from the shower after completing the shower.

3. On July 24, 2017, the Defendant: (a) was forced to commit an indecent act by force on July 24, 2017; (b) on July 24, 2017 at the place specified in paragraph (1) at around 08:00, he/she was seated next to the victim during the course of the intrusion inspection; (c) he/she gets the victim’s grandchildren, leading the victim’s grandchildren, etc.

Accordingly, the defendant committed indecent acts on the victim with a mental disability over three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to E, C, and F;

1. Statement of investigation report (Submission of a certificate of the disabled person);

1. On-site photographs of forced indecent acts, and descriptions and images of certificates of persons with disabilities;

1. Previous convictions: Application of Acts and subordinate statutes in which inquiries about criminal history and investigation reports (in the course of trial, reports on confirmation) are recorded;

1. Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crime.

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