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(영문) 제주지방법원 2015.11.26 2015고합125
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant, as one of the total intelligence 56 and social intelligence 73, was limited to appropriately expressing his own will, and the intellectual disability 3rd level C’s money and scarbs that were difficult to properly cope with in a diverse and complicated social aspect, was in conflict with each other with the victim, taking into account the same kind of money and scarbs as the victim.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by compulsion of the victim under thirteen years of age) caused the victim C (the 9 years of age at the time of the instant case) who had the Defendant’s house and had the Defendant c (the son at the Defendant’s house) with his her mother in order to force indecent acts by force at the Defendant’s house at the time of their own seat in 2011, and had the victim c (the 9 years of age at the time of the instant case), stolen the son inside the victim’s house and concealed the son inside the victim’s house, and taken the victim into account as a method of the victim, and exempted the victim from the victim’s fright and panty panty, and did not report it to the police on one occasion at the time.”

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

2. On April 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) committed indecent act by force by force on the part of the victim’s her own hand, with his/her her son, who visited the Defendant’s house located in Seopopo City D, with his/her father, and his/her son (her her son, her son, her son, her son, and her son) who was under the influence of alcohol by force.

As a result, the Defendant committed an indecent act on the part of a victim with a mental disability of class 3 of intellectual disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement-recording CD (victim C);

1. Stenographic records;

1. Each police statement of the E, F, and G;

1. Reports on internal investigation (victim's money investigation) and investigation reports (verification of the distance between the suspect and the victim);

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