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(영문) 수원지방법원 평택지원 2016.02.03 2015고합131
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

To order the accused to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On July 19, 2015, the Defendant sent back the victim Q (n, age 38) away from the victim’s building in Dongdaemun-gu Seoul, Seoul around July 19, 2015, reported the victim’s welfare card to the victim, and became aware that the victim was a person with disabilities of class 3 in intellectual disability.

The Defendant, at around 04:20 on July 19, 2015, was under the influence of around 04:20, and under the influence of alcohol, lacks the ability to discern things or make decisions, and the Defendant, when the Defendant sits in the side of the 1st floor of the PP building where the victim was seated, laid down onto the kids of the victim, laid down the victim’s chest, kids, kids into the victim’s panty, kids, put the victim’s chest into the victim’s panty, kids, and kids the victim’s flads from the Defendant’s act, and flads the victim’s flads.

E. “Isk, Chewing, dead, and discarded.”

In doing so, the victim’s kn't kn't kn't kn't kn't kn't, and kn't kn't kn't kn't kn't kn't kn't.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of stenographic records in the statement of the victim in the preparation of Stenography;

1. Each entry in S and Q evaluation;

1. Each investigation report (in the case of accompanying documents or photographs, including attachment of accompanying documents and photographs) on police preparation, each statement or image (in the case of accompanying documents and photographs, investigation into telephone conversations with the S and the disabled persons / appendix of a certificate of registration of persons with disabilities / appendix of on-site photographs);

1. The application of Acts and subordinate statutes in which the analysis of statements by victims of sexual assault to children and persons with disabilities is written for analyzing statements of sexual assault against children and persons with disabilities;

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. To order the disclosure of registered information; and

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