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(영문) 수원지방법원 여주지원 2019.05.16 2019고합25
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant

A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.

except that from the date of this judgment.

Reasons

(b) Crime history;

1. At around 12:00 on February 13, 2018, Defendant A, at the residence of the victim D (a family name, leisure, 5*) with mental retardation disorder 2 located in Singju City, Defendant A d, who drinks together with village residents, and fladd with the victim, who fladbed with the head of a bed in a kitchen, flady, and flad with the victim’s chests, flad with the victim’s chests, and flad with flad on a single basis, committed indecent act.

2. Defendant B

A. At around 17:00 on September 30, 2017, the Defendant committed several indecent acts on the victim’s chests while drinking together with the victim’s husband G, who is in physical disability 2 in the “F” located in E, with the victim’s mental retardation disorder D (the victim’s name, 5*) and the victim’s husband G.

B. Around 17:00 on October 8, 2017, the Defendant committed an indecent act by “F” in F, which is located in E, with the husband G of the said victim and the victim, with the victim’s husband, and talking with the victim, by drinking together with the victim.

C. At around 17:00 on November 4, 2017, the Defendant, at F, performed drinking with the said victim and singing together with the said victim, committed indecent act on the victim’s chest by drinking together with the victim.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Some statements made by the prosecution and the police suspect interrogation protocol regarding Defendant A;

1. The police statement concerning G;

1. Stenographic records or recording books;

1. Application of statutes on welfare cards;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, the choice of imprisonment

B. Defendant B: Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Defendant B of a community service order: Article 62-2 of the Criminal Act;

1. An order to attend a course:

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