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(영문) 의정부지방법원 2013.12.20 2013고합401
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The defendant is a person who works as a school teacher at the Diplomatic Association in Dongducheon-si, and the victim E (n, 15 years of age) is a student attending Facheon-si, and the victim E is a third grade of intellectual disability and attends the above church every weekend, and becomes aware of each other.

1. From April 12, 2013 to 14:00 as of April 12, 2013, the Defendant committed an indecent act on the part of a female by force, such as taking the victim’s grandchildren within the Diplomatic Association located in Dongducheon-si.

2. On May 2013, the Defendant: (a) requested the victim to show the parts of the franchising surgery at the above place; and (b) in spite of the victim’s refusal to do so, the Defendant forced the victim to commit an indecent act by force, such as raising the victim’s name, exposing the operation part in his/her hand, leaving his/her face in his/her hand with his/her hand, and holding the face in his/her hand.

3. On May 2013, the Defendant committed an indecent act on the part of the victim by force, such as sparing his/her two legs, standing his/her two legs on the upper floor, and sparing them thereafter.

4. On May 21, 2013, around 21:00, the Defendant committed an indecent act by force on the part of a female, such as holding the victim’s face unfolded, and making kymbbbbbbs, in the G Apartment Park around the Dobcheon-si, G apartment, which is the neighboring residence of the victim.

Accordingly, the defendant committed an indecent act against the victim, who is the disabled, on four occasions.

Judgment

Even though the so-called “indecent act,” which is recognized as an indecent act itself, is included in indecent act, so long as the elements of the crime of indecent act are stipulated as “a person who commits an indecent act against another person by assault or intimidation,” such act constitutes an act that can be seen as the exercise of force against the other party, and such act itself aims to arouse, stimulate, or satisfy the other party’s sexual desire, and has a symbol that can be seen as having the sound common public feel sexual humiliation or hate sentiment.

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