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(영문) 제주지방법원 2019.10.24 2019고합56
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 2018, the Defendant was a person with no certain occupation, and the victim B (the life expectancy, the age of 25) and the Jeju-si from Jeju-si to Jeju-si, and came to know at the first time on the same D-type D-type D-type D-type, and the victim came to know through dialogue that the victim's intellectual disability level 7 years of age (SA) and 3 months of age and 45 level of intellectual disability level 45 level lacks the ability to discern things or make decisions, and then, the Defendant told the victim to commit an indecent act by using it and made contact with the Defendant around that time.

Around August 24, 2018, the Defendant: (a) called “the victim’s name at the D bus as above and sent to contact one another; (b) the victim’s name at around 14:00 on the same day; and (c) the victim, who contacted the Defendant by public telephone, called the victim’s name at the F Building stop located in Jeju City E, called “the victim’s name was changed to a video room located in front of the victim; and (d) the victim was off the victim’s clothes in front of his trade name; and (e) the victim was said to have been off the victim’s clothes in the room; (b) the victim’s refusal to do so; and (c) the victim was said to have been off the victim’s chest, she was off the victim’s chest and her finger, and her fingerd with the victim’s chest; and (d) the victim’s personal act was committed on July 27, 2018 by inducing the victim to capture the victim’s chest from that point.

Accordingly, the Defendant committed an indecent act against the victim who was disabled by taking advantage of the victim’s mental disability such that the victim was unable to resist or resist.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant;

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