(영문) 광주지방법원 2020.02.07 2019고합459

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(영문) 광주지방법원 2020.02.07 2019고합459

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

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

Defendant

In addition, the applicant for the attachment order (hereinafter referred to as the "defendant") and the victim B (the family name, the age of 30) reside in the same village, and the victim is a person with a mental disability of class II of the intellectual disability.

1. On January 26, 2019, from around 13:00 to 14:00, the Defendant creshed in a tourist bus parked in the D parking lot located in Jeonbuk-gun C, Jeonbuk-gun, to the seat next to the other victim, and spande his/her hand over with his/her will and panty, and led to the victim’s sexual organ.

Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.

2. From March 2019 to April 2019, the Defendant: (a) placed the victim on the side of the Defendant’s home located in Yangyang-gun E, Yangyang-gun; (b) placed the victim on the part of the Defendant’s Defendant’s sexual flag; (c) placed the victim on the side; and (d) placed the victim’s sexual organ on the part of the Defendant’s hand; (c) placed the victim’s knife with the victim’s will and panty; and (d) made the victim’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.

3. From March 2019 to April 2019, the Defendant, along with the victim’s side located in the room of the victim’s house located in the B of the Hayang-gun, Jeonyang-gun, the Defendant: (a) carried the victim’s panty with his panty and panty; and (b) carried the victim’s sexual organ.

Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records and statement analysis opinion of the G Center;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities (B-A), disability diagnosis certificates (B-A) and disability diagnosis certificates;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. The punishment of aggravated concurrent crimes is set forth in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제6조 제3항

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