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(영문) 대전지방법원 2015.07.03 2014고합446
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 3, 2014, the Defendant: (a) was a victim C of intellectual disability Grade III (at the age of 35, while the Defendant was written in the indictment of 34 years of age, the victim appears to be 34 years of age at the time of committing the crime because he was D; (b) who was fluencing in a bent with the victim at the time of his refusal to do so, even though the victim refused to do so, the Defendant was fluent with the clothes of the victim and fluencing knite with the finger-gu, Daejeon-gu, Daejeon.

2. On the same day, the Defendant committed an indecent act against the victim as provided in paragraph 1, and later moved the victim to the office of the Defendant, who is located in Daejeon Seo-gu E and 203, and provided meals together with the Defendant’s wife and the Defendant’s wife, and even though the Defendant refused to do so between the Defendant and the church, the Defendant’s wife met with the breast-gu E and the Defendant’s clothes above the victim’s clothes in spite of his refusal to do so.

3. On April 3, 2014, at around 20:00, the Defendant, along with the victim, the Defendant, and his wife, performed drinking in the above Defendant’s house with the victim, the Defendant, and even though other daily behaviors refused to do so by taking advantage of the gaps in which other other daily behaviors did not want to do so, the Defendant continued to talk with the chest above the victim’s clothes and continued to hold the breast in the breast.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Some of the police interrogation protocol of the defendant;

1. Application of victim's statement-recording CD-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (in the case of concurrent crimes with the punishment determined by a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities, Fraudulent Means, etc.)

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. An order to attend a course;

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