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(영문) 대전지방법원 2018.11.01 2018고합323
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a disabled person of Grade III with a mental disorder, the victim B (a person with a mental disability) is a disabled person of Grade II with a mental disability, and the street room is in front of the D in Daejeon-gu Daejeon-gu, Daejeon-gu, and became known.

1. On February 2018, 2018, the Defendant: (a) committed early February 2, 2018, 2018, with a view to committing an indecent act against the victim by using any cresh in the street room in the operation of the victim in front of the aforementioned D; (b) with the victim’s talking with the victim; and (c) with the victim, the Defendant either kept the body of the victim, laid the victim’s face, kids the victim’s face.

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

2. The Defendant, on February 2018, committed early February 2018 (after two to three days from the date specified in paragraph (1)), committed early February 2018, 2018, instructed the Defendant to commit an indecent act against the victim by using any gap in the street in the operation of the victim in front of the aforementioned D (after two to three days from the date specified in paragraph (1)), and told the victim to talk with the victim. “I am on one occasion, I am on one hand, I am the body of the victim, and kid on the face of the victim.”

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

3. On February 2018, the Defendant committed a crime in the middle of February 2, 2018, committed a crime, with a view to committing an indecent act against the victim by using any cre in the street room in the operation of the victim in front of the above D, and committed a charge of the victim’s buckbucks by hand with the victim’s own hand.

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

Summary of Evidence

1. Statement by the defendant in court;

1. Two stenographic records or a video CD;

1. Application of the Act and subordinate statutes to on-site photographs and investigation reports (suspects re-specific review of criminal facts)

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. Aggravation concurrent crimes;

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