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(영문) 서울남부지방법원 2016.10.13 2016고합149
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On February 7, 2016, the Defendant: (a) discovered the appearance of the victim E (the age of 28) suffering from brain-disease disorders in the central plaza of the third floor of the Diplomatic Station located in Yeongdeungpo-gu Seoul Metropolitan Government, by resorting to the walking aids, and tried to walk up the thring of the victim; (b) laid down the victim’s strings; and (c) trying to remove the victim’s strings; and (d) remove the strings; and (e) remove the victim’s strings; and (e) remove the victim’s chests from the top square of the D Station in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; and (e) remove the victim’s chests.

The victim fleded when the F, which had been gleeped, had a witness of the light and had a sound “I dar,” “I dar, I dar.” and the wind to restrain the defendant.

As a result, the defendant tried to commit an indecent act against a victim of a physical or mental disability by force, but did not bring about such intent and did not commit an attempted act.

2. 폭행 피고인은 제1항 기재 일시에 D역 3층 1번 출구 방향 계단 입구에서 자신을 피해 도망가는 위 E를 뒤따라가다가 피해자 F(63세)가 앞을 가로막으면서 “왜 장애인 여자를 건드리느냐.”라고 소리치자 화가 나 오른 주먹으로 피해자의 얼굴을 1회 때리고 오른발로 피해자의 낭심을 1회 걷어찼다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

[Article 1 of the Criminal Act at the Time of Sales]

1. Legal statement of witness E;

1. Copy of the written statement;

1. Records of statement of damage [The statement made by the victim in this court and in the course of investigation are consistent and specific in relation to the defendant's act, content of damage, the fear and response of the victim, and the situation before and after the crime. There is no circumstance that the victim's statement is false, and the victim's statement is credibility in light of the attitude of legal statement, etc.]

1. Defendant's legal statement;

1. Records of statements of damage;

1. Application of Acts and subordinate statutes to a investigative report (at the time of the occurrence of the incident, with regard to confirmation of the situation inspector);

1. Relevant Articles and choice of punishment concerning facts constituting the crime;

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