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(영문) 수원지방법원 안산지원 2019.01.28 2018고합281
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

To the extent that it does not affect the exercise of the defendant's right to defense, part of the facts charged was revised.

The Defendant is a special education instructor for the Chigh School in B at the time of Si interest, and Article 28(3) of the Act on Special Education for the Disabled Persons, etc. and Article 25(1) of the Enforcement Decree of the same Act, and Article 5(1) of the Enforcement Rule of the same Act provides that “the role of the Defendant in the education and school activities of the persons eligible for special education, such as teaching and learning activities, personal treatment, meals, intracurricular and extracurricular activities, etc., according to the teacher’s instructions”

The victim D(n, life, hearing impairment 2), victim E(n, life, intellectual disability 2) and victim F(n, life, intellectual disability 3) are disabled students attending the special class at the above school.

The defendant, as an instructor for special education at the above school, was aware that the victims who were aged and intelligence less than the general public cannot easily resist the speech and behavior of the defendant, and tried to commit an indecent act against the victims.

1. In violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Victims D (Indecent Act by compulsion of the disabled) committed an indecent act by force against the victim seven times in total, as described in the attached Table Nos. 1 through 7, between around December 2018 and around April 2018, the Defendant committed an indecent act on seven occasions in total by inserting the victim’s right-hand bucks, knee, knee, kne, kne, kne, kne, and kne, kne, kne, kne, kne, and kne, kne, kne, kne, under the victim’s own wall.

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Victims E (Indecent Act by compulsion of the disabled) shall bring the victim who was suffering from the Defendant’s book in front of the Defendant’s book at the class of the first and fourth classes in the spring of 2016.

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