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(영문) 전주지방법원 군산지원 2018.07.19 2018고합9
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

On April 8, 199, a defendant and a person who requests an attachment order (hereinafter referred to as "defendant") were sentenced to six years of imprisonment by the Gwangju High Court due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (special robbery, rape, etc.). On May 25, 2006, the Gwangju High Court sentenced the defendant to ten years of imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (special robbery, etc.) and completed the execution of the sentence in the military prison on December 14, 2015.

[Criminal facts] The victim B (n, 21 years old) is a disabled person who has been judged as a second degree of intellectual disability.

On July 14, 2016, around 11:57, the Defendant: (a) driven a YF small-scale car in D elementary schools located in YF YF to drive a car in front of D elementary schools in YF, and was waiting for a bus to go to the free market, and (b) the Defendant stopped a vehicle on the alley part in which the house located in H located near the above market at the next seat of the vehicle and the victim was living in the G market in the following city of YF.

During the period from 11:57 to 12:25 on the same day, the Defendant: (a) opened the above F in the above vehicle to another place from the vehicle to the back of the victim for fraud; (b) opened the back of the victim’s back to the back seat; and (c) opened the victim with the victim’s fingers; and (d) opened the victim’s fingers with both arms, despite the victim’s resistance to the Defendant, the Defendant neglected it; (b) opened the victim’s fingers into the panty panty in the victim’s panty; and (c) opened the victim’s fingers with the hand floor once.

Accordingly, the defendant forcedly committed an indecent act on a person with a mental disability.

[Judgment of the court below] Defendant 1 was sentenced to imprisonment with prison labor for a sexual crime as above and committed a sexual crime within 10 years after the completion of the execution of the sentence, and the risk of repeating the sentence.

Summary of Evidence

1. The legal statement of the witness F (the original statement is the defendant).

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