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(영문) 수원지방법원 안양지원 2015.04.17 2014고합249
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

The defendant was well aware that the victim D(27 years of age) who was living in the upper floor of the Inyang Prison Medical Confinement Complex, Am. 42, a 508-h. Simyang-si, and the victim D (27 years of age) who was living in the same room from August 11, 2014 to the same room as the disabled in the body of the mentally disabled in the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the

1. On August 17, 2014, when the Defendant was placed in the toilets of the above C Office with the victim, the Defendant: (a) deemed the victim as a bad; and (b) took hand with the victim’s clothes; and (c) took the victim’s sexual organ into custody.

As such, the Defendant committed an indecent act against the victim by taking advantage of his difficulty in resistance due to mental disability.

2. The defendant has committed the same harm;

8. Around 18:20 on the same toilet, the victim discovered the place of his/her view, and discovered the quality of the entrance, such as the entrance, into the toilet, and sprinked the victim, and sprinked him/her with his/her hand inside the clothes under the victim, sprinked his/her hand with his/her hand, and kicked the victim's sexual flag with his/her hand and her her her her kick, and sprinked the victim.

As such, the Defendant committed an indecent act against the victim by taking advantage of his difficulty in resistance due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Application of Acts and subordinate statutes requesting cooperation in investigation;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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