logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.05.12 2014고합618
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The defendant is a physical clinic in the D Welfare Center, and the victim E (inn, 28 years old) is a brain-dead disabled person in the third degree.

1. On April 2, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature with disabilities) put his/her hand into the body of the victim while having taken physical treatment to the victim at an adult physical treatment room located in the fourth floor of the D welfare hall located in Gansi-si, Gan-si, Gan-si, Gan-si on April 2, 2014, and put his/her hand into the body of panty and her hand into the body of the victim.

2. Violation of the Special Act on the Punishment, etc. of Sexual Crimes;

A. At around 09:00 on April 7, 2014, the Defendant, at the adult physical clinic of the above D Welfare Center, engaged in physical therapy to the victim, her grandchildren were stored in the victim’s clothes, resulting in indecent act by force.

B. On April 21, 2014, the Defendant: (a) 09:00 on April 21, 2014, when the Defendant was under physical treatment at the adult physical clinic of the above D Welfare Center, she laid a bridge at the end of matral lease and she was seated before the Defendant by getting the victim’s softened; and (b) the victim was frightened on the part of the Defendant’s sexual flag; and (c) the victim was attempted to refuse to do so; (d) however, the Defendant she was able to sit the victim on several occasions before the Defendant’s sexual organ and frighted the victim’s am on the part of the Defendant.

Summary of Evidence

1. Statement made by witnesses E in the second protocol of the trial;

1. Each legal statement of witness G and H;

1. Investigation report (on-site visit investigation, submission of written diagnosis of victims, and confirmation of the date of last indecent act);

1. Written prosecution (one copy of a psychological evaluation report for victims E), and notification of the results of statement analysis;

1. Application of diagnosis certificates, welfare card copies, and field photographs-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 6 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a similar act), Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

arrow