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(영문) 대구지방법원 영덕지원 2015.03.26 2014고합33
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant was presumed to have been in a state of judgment disorder, memory disorder, sexual impulse disorder, etc. by drinking alcohol under the condition that he was found to have been in a state of mental disorder, memory disorder, sexual impulse disorder, etc., and the defendant is presumed to have been in a state of judgment disorder, memory disorder, sexual impulse disorder, etc. at the time of committing the crime of this case. The defendant is presumed to have shown that he was in a state of mental disorder and ability to distinguish things due to dementia and drinking conditions at the time of this case, and was presumed to have shown that he had been in a state of mental disorder, memory disorder, sexual impulse impulse disorder, etc. at the time of the crime of this case. In light of the defendant's behavior, circumstances at the time of the crime of this case, and criminal records, it is reasonable to view that at the time of committing the crime of this case, the defendant had the ability to discern things due to dementia, etc.

The victims were the disabled in the third degree of intellectual disability.

1. On February 17, 2014, from around 12:00 to 14:00, the Defendant: (a) opened a door to the victim before the victim’s house located in Young-gun D; (b) opened a door to the victim’s house; (c) opened the victim’s chest by hand; (d) opened the door into the opening of the opening house; and (e) opened the victim’s chest by hand; and (e) opened the victim’s kick with one hand; and (e) opened the victim’s knife to the victim’s knife; and (e) put the victim’s knife into the victim’s sexual organ.

Accordingly, the Defendant committed indecent act against the disabled victim by force.

2. On February 23, 2014, around 12:00 on February 23, 2014, the Defendant: (a) told the victim waiting for a church in front of the Defendant’s home located in Yong-gu, Chungcheongnam-gun; (b) opened the victim’s bucks, bucks, and sucks.

In this respect.

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