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(영문) 대구지방법원 2020.11.06 2020고합368
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

The Defendant is an engineer of “B” taxi, which is a special means of transportation, to allow persons with disabilities to use buses, urban railroads, etc. who are difficult to use such buses, urban railroads, etc. in advance, and the victim C (V, 27 years old) is a disabled person with severe disability (cadastral disability) who is subject to use B.

On July 11, 2020, the Defendant received contact from the victim demanding a B cab to move the victim to the F K5 si in the street near the Seogu-gu, Daegu-gu, Daegu-gu, the destination.

At around 20:30 on July 11, 2020, the Defendant, while moving to the above destination, parked a taxi in the alleyway near H elementary school located in the guegu G with rarely drones, and then laid down the victim's chair behind the victim's chair who was seated in the Gap head, lying the victim's seat behind the victim's will, she was forced to wear the victim's finger, putting the victim's finger into the victim's clothes, cut down the victim's breast, and boomed the victim's chest.

On the other hand, the Defendant continued to talk with the victim's buckbucks by hand, stating that "the victim's bucks were cut off due to weather. It is not known whether C is adults or not, so it should be responsible." The Defendant took the victim's knick toward the Defendant's sexual flag, and caused the victim's knife to spread her sexual organ.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records concerning C;

1. A report on internal investigation (in relation to B-si, a report on investigation (in addition to field photographs), investigation report (in relation to a victim's disabled person certificate), or investigation report (in addition to attached data);

1. Application of each message photographic statute;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. Article 53 of the Criminal Act for discretionary mitigation.

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