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(영문) 창원지방법원 거창지원 2017.11.09 2017고합11
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

For the accused, sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the father and father of the victim D (son, E) and the victim is a disabled person of Grade III who falls under the category of mental disability.

The Defendant was divorced from the Defendant at around 8 years of age since the victim was her husband, living together with the victim in his/her own residence while living together with him/her, living together with the victim’s age, and did not yet form the concept of sexual intercourse or sexual identity with the victim’s age. In addition, even if the victim was unable to make normal judgment due to the above disability, it was difficult for the Defendant to actively cope with the victim by reporting to an investigative agency, etc. even if it was difficult for him/her to make a normal judgment due to the

On April 2015, the Defendant: (a) at the Defendant’s home room located in Gyeong-gun F in Gyeongnam-gun on a day on which the date of April 2015 is unknown, had the Defendant committed an indecent act against the victim (at that time 12 years of age) who was trying to sleep with the Defendant; (b) attached his body on the victim’s side; and (c) collected his hand from the victim’s chest with the victim’s inner part entered; and (d) carried his chest and double the victim’s chest on several occasions.

Accordingly, the defendant committed an indecent act by force against the victim who is a relative.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, G and H;

1. Statement made to I in the police statement protocol;

1. The report of the assistant to prepare and statement by J, the certificate of K preparation, the statement of the case preparation, the statement of the L case preparation, the statement of the attendance of a special class in L, the statement of the opinion to prepare M, the opinion of the investigator on investigation of children victimized by sexual assault prepared N, and the statement of accompanying materials

1. Two copies of individual counseling day, resident registration certificate, family relation certificate, notification of the results of placement of persons eligible for special education, diagnosis certificate, one copy of the response records against the occurrence of child sexual assault, one copy of the school life record, two copies of the decision on disability grade, one copy of the decision on disability grade, notification of the results of statement analysis, and summary of the results of statement analysis; and

1. One copy of the green forest among statements made for damage, and the images of three parts of the green forest directly by the victim;

1.Each.

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