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(영문) 대전지방법원 홍성지원 2015.11.19 2015고합74
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was living together with the victim in the same house for about 13 years, as the victim D (n't, 47 years of age, intellectual disability 2 level).

1. On August 29, 2014, around 23:30 on August 29, 2014, the Defendant, at the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, left the victim, who was frying in the dwelling space, with the mind that the victim was exposed to an indecent act against the victim by advertising out the victim’s skin at the inside of the Defendant’s house, and was flading off the victim with his inner and boom, and laid down the victim’s breast, and knick into the panty.

2. On August 30, 2014, around 23:50 on August 30, 2014, the Defendant: (a) taken a drug in the above manner as above; (b) taken the chests of the victim; and (c) laid the fingers into the panty.

3. On September 1, 2014, around 23:50 on September 1, 2014, the Defendant saw the drugs in the above manner as above, and kidddds the chests of the victim themselves into the panty.

4. At around 23:40 on September 2, 2014, the Defendant saw the drugs in the above manner as above at the above location, and kiddds the her chest into the panty.

5. On September 3, 2014, around 23:40 on September 3, 2014, the Defendant saw the drugs in the above manner as above, and kidddds the chests of the victim themselves into the panty.

6. 피고인은 2014. 9. 4. 23:30경 위 장소에서 피해자에게 약을 바르면서 “젖이 찌깐해서 이쁘다”라고 말하며 갑자기 위와 같은 방법으로 피해자의 양쪽 가슴을 만지고 팬티 안으로 손을 집어넣었다.

7. At around 00:00 on September 6, 2014, the Defendant, at the above place, carried the victim’s chests in the above manner, and laid them into the panty.

Accordingly, the defendant committed an indecent act on the victim with mental disability seven times through fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of each statement made to the victim;

1. Recording notes with respect to victims;

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