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(영문) 대구지방법원 김천지원 2018.07.17 2018고합12
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On September 13, 2017, the Defendant became aware of the victims C (V, 34 years old) of mental disorders 3, which found job offer advertisements for employees of the root farm that he operated around the o'clock on September 13, 2017.

At around 20:30 on the same day, the defendant asked the victim of Eel 602 located in Gusi-si Do around 20:30 on the same day. However, around 22:00, the victim was asked to go back to the above her room to ask about monthly salary and accommodation in the future.

At that place, the Defendant saw the victim's shoulder before the following day, and seeed the adult broadcast channel from which sexual intercourse sponsed, and sponsed the sexual desire. The Defendant sponsed the victim who was off and was in panty in a state of panty only, and sponsed the victim's spons, taken the victim's spons into the chest, taken the victim's spons into the chest, taken the victim's spons into the chest, and sponsed the victim's chest by his hand.

Accordingly, the victim does not refuse to do so.

In addition, the body of the defendant was moved in, and the defendant was tightly sealed, or the defendant was shouldered. However, after the defendant's panty and panty, the defendant laid down his son's son and son's son and son's son and son's son and son's son were stored in the part of the victim's son and son's son.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. The defendant's legal statement;

1. Stenographic records;

1. A criminal investigation report (Attachment of Eel site photographs, which is the scene of the crime);

1. Requesting cooperation in investigation (certificates of persons with disabilities) (the defendant and his/her defense counsel did not put the victim's body at the above date, time, and place, but did not put the victim's fingers into his/her negative part;

The argument is asserted.

However, in light of the objective circumstances and rule of experience before and after the crime revealed the victim's statement, the victim's statement itself is reasonable, and the victim's disability is disabled.

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