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(영문) 서울북부지방법원 2017.08.11 2016고합299
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is an employee belonging to the KGC and is in service as the director in charge of the E high school facility management division in Gangseo-gu Seoul Metropolitan Government, and the victim F (Grade 20, intellectual disability 3) is employed as an employee in charge of the above high school contract in accordance with the promotion of the mandatory employment of disabled persons by the Seoul Office of Education, and was under the management and supervision of the defendant as the facility management support from July 6, 2015 to December 31, 2015, the contract period of which is the contract period.

The defendant thought that the victim was unable to properly resist the victim or divulge it to others even if the victim committed an indecent act by taking advantage of his/her position as a manager, because he/she has a heavy capacity to judge the victim due to disability, and that he/she did not have the ability to properly resist the victim or divulge it to others.

1. On November 2015, the Defendant: (a) stated in Gangseo-gu Seoul, Gangseo-gu, Seoul on November 2015, 2015 the victim’s appearance in the order section at the underground machine room of the high school, E high school underground room, and said that the victim was frighted and pandeed by her panty and panty; (b) turned down the victim’s sexual organ by her hand; and (c) marks down the victim’s sexual organ above.

As a result, the Defendant committed an indecent act by force on the victim of intellectual disability 3.

2. On December 3, 2015, the Defendant: (a) around 10:40 on December 3, 2015, at the Gangseo-gu Seoul Metropolitan Government (Seoul) and at the underground mechanical room of the E-high school, raised the victim into the order group; (b) called “ off the victim,” and said, she frightd the victim’s sexual organ with her hand and panty, her hand down, and shakes down the victim’s sexual organ.

As a result, the Defendant committed an indecent act by force on the victim of intellectual disability 3.

3. On December 4, 2015, the Defendant: (a) around December 4, 2015, at the Gangseo-gu Seoul Metropolitan Government, and at the underground mechanical room of the E-high school located in Gangseo-gu, Seoul; (b) stated the victim’s appearance as an order order; and (c) stated that the victim frights hot water and panty panty, and the Defendant was frightered by her hand.

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