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(영문) 대구지방법원 포항지원 2015.03.30 2014고합108 (1)
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Many 108] The Defendant is a co-existence with the mother of the victim C(M, 16 years old) with intellectual disability 3.

1. On January 2012, 2012, the Defendant: (a) Do apartment operation 205, at the port of the Defendant’s residence located inside the Defendant’s residence, d apartment operation 205, sucked with the victim’s neck with his hand; and (b) sucked with the bucks with the bucks.

As a result, the Defendant committed indecent act against the victim who is a child or juvenile with mental disability by deceptive means or by force.

2. On February 2014, 2014, the Defendant, at the place specified in paragraph 1 of this Article, she was able to get off the victim’s seat by her hand, such as the victim, etc. who reported TV from the floor to the floor, and continued to her quih with the victim’s body attached on the floor, and her quih with the victim’s body attached together with the victim’s quih, and her part on the part of the victim’s bridge.

As a result, the Defendant committed indecent act against the victim who is a child or juvenile with mental disability by deceptive means or by force.

[2015Gohap2] The defendant was living together with the victim E from May 2012 to February 2014.

On May 11, 2013, the Defendant: (a) caused the injury of the victim’s body, i.e., damage to the character of a part that requires approximately two weeks of medical treatment by hand and by reason of the victim’s appearance of D apartment 205, south-gu D apartment 205, Nam-gu without any speech; and (b) caused the victim’s bodily injury, such as the loss of the character of a part that requires medical treatment for about

Summary of Evidence

[2014Gohap108]

1. Statement of the accused in the third protocol of trial;

1. C's respective statements recorded in each video recording CD;

1. Investigation report (Attachment of Certificate of Victim C Disabled Persons) (2015, 2015, 2);

1. Statement of the accused in the third protocol of trial;

1. Each police statement of E and F;

1. Investigation report (to hear opinions from a doctor G phone);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 6 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) regarding criminal facts.

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