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(영문) 수원지방법원 안산지원 2016.05.13 2015고합315
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for three years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is in the position of the defendant and the victim C (39 years, inn) is not in the position of the general public, and the victim C (39 years, in comparison with the general public) is a person with intellectual disability with lack of intellectual ability and decentralization, and the defendant and the victim came to know while drinking alcohol in the Pyeongtaek Park.

1. On October 27, 2014, the Defendant: (a) around 17:30 on October 27, 2014, at the direction behind the camping site in the E Park-gu, Ansan-si, a member of Ansan-si, and (b) on the part of other people, who drink with the victim, and drinked with the victim as the victim; and (c) on the part of the victim, he/she was doing so with the victim, and (d) he/she was doing so with the victim.

“.............. with the floor of the victim, the victim’s her her mared with her her butt with her

Accordingly, the defendant committed indecent acts against the disabled victim by assault.

2. At the same time, the Defendant continued to drink with people and drink the foregoing alcohol as above, and had access to the victim who is congested behind the sperm in the above E Park so far as it is difficult to do so by hand, so long as the victim’s body is tightly cut down, and the victim’s knife and knife the victim’s knife and knife the victim’s knife and knife the victim’s knife, followed the victim’s alcohol.

Accordingly, the defendant committed indecent acts against the disabled victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement contained in video recording CDs;

1. Statement made by the police with regard to F;

1. Investigation report (related to the statement made by the reporter F), investigation report (the statement made by the reporter F);

1. Copy of the victim's welfare card;

1. Application of Defendant A’s body photograph, victim C’s photographic act and subordinate statutes

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Crimes under Article 38 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities), which has become more severe punishment];

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;

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