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(영문) 대구지방법원 서부지원 2013.07.04 2013고합11
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

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

The defendant's information about the defendant shall be made through an information and communications network for three years.

Reasons

Criminal facts

On March 2, 2009, the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") sentenced the Seoul Northern District Court to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the sentence in the port prison on January 20, 2012.

【Criminal Facts】

On September 14, 2012, around 00:30 on September 14, 2012, the Defendant discovered the victim E ( South and 21 years old) who is a second-class disabled person in the mental forum in Daegu Northern-gu, Daegu Northern-gu, and granted the victim rent. The Defendant moved back to the Defendant’s house located in the F1st floor in Daegu-gu, Daegu-gu.

At around 01:30 on the same day, the Defendant: (a) committed an indecent act by force against the victim by using the fact that the victim has a mental retardation disorder in the victim’s residence; (b) displayed the victim’s common door, etc.; and (c) prevented the victim with a mental retardation disorder from resisting against the victim; (d) laid down the victim’s sexual organ rapidly in the mouth; and (e) laid down the victim on the side, put the victim’s sexual organ into the victim’s resistance, and put the victim’s sexual organ into the victim’s resistance.

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

[Fact that constitutes a ground for an attachment order] The Defendant has committed a sexual crime against a person who has a physical or mental disability, such as the foregoing criminal facts, and is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of G;

1. Partial statement of E;

1. Examination protocol of the accused by prosecution;

1. E’s statement recorded in the video CD;

1. Entry of E’s written complaint;

1. Each report on investigation;

1. A certificate for disabled persons;

1. Photographs;

1. Before judgment: Inquiries, inquiry reports, investigation reports (attached to a judgment), and inquiry into confinement/taking;

1. The risk of recidivism as indicated in the judgment: Each of the above evidence and the statement of the request for attachment order shall be identified as follows:

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