(영문) 인천지방법원 2015.08.21 2015고합285

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(영문) 인천지방법원 2015.08.21 2015고합285

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

A defendant shall be punished by imprisonment for one year.

A probation order requester shall be subject to three years from the end of the above sentence execution.

Reasons

Criminal facts

On May 14, 2015, around 18:30 on May 14, 2015, the victim E (the 60-year-old age) who is going to board a flat wheeler due to significant restrictions on daily life activities at the Dpark outdoor performance place located in Jung-gu Incheon, Jung-gu, Incheon, with the lack of the ability to discern things or make decisions due to a efficial disorder, and the victim E (the 60-year-old age) was able to sit together with his/her son F, who is the guardian, and went to the victim.

The defendant sited at the victim's right side and led the victim's hand while "I will see why other people will be engaged in Ebbbbig," which led the victim's hand, which means that the victim's hand will not be annoyed, and the victim's hand will spread the defendant's hand while the above F will not be annoyed, and the victim's hand will be forced to cut off, and the victim's hand will be cut back from the victim's back to the victim's hand.

As a result, the defendant committed an indecent act on the part of the victim with physical disability.

[Fact of the cause of a request for probation order] On February 25, 2011, the Defendant is recognized as having the risk of recommitting a crime in full view of the following: (a) the Defendant was sentenced to imprisonment for two years and six months; (b) the suspension of execution for a period of four years; (c) the Defendant committed an indecent act against a victim who has a physical disability in drinking even during the grace period after the said judgment became final and conclusive on May 28, 201; and (d) the Defendant suffered from mental illness and is an addict to alcohol.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A criminal investigation report;

1. A copy of a welfare card;

1. Previous records before ruling: Criminal history records, inquiry reports, investigation reports (report on the binding of a judgment, written opinion, and personal identification and confinement status binding of each individual);

1. The risk of recidivism as indicated in the judgment: the above evidence and attachment order.

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