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(영문) 춘천지방법원 강릉지원 2014.10.02 2014고합85
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

While the Defendant was able to commit an indecent act against the victim even if the victim commits an indecent act because it is considerably difficult to express her will or engage in daily life due to serious disorder such as receiving a judgment of Grade I intellectual disability with the mother of the victim D (the age of 18), the Defendant knew that it is impossible to resist the victim even if she commits an indecent act.

1. On April 20, 2014, the Defendant: (a) at the cross-dissuring telescopes located at the beginning of the new wall border; (b) locked together with the victim and E, locked together with the victim and E; (c) kids by inserting hand into the victim’s inner part; and (d) kids by inserting hand into the panty part.

In this respect, the defendant committed indecent acts against the victim by taking advantage of mental disability that he was unable to resist.

2. On May 3, 2014, the Defendant: G apartment 9 Dong 508, the Defendant’s home located in Gangnam-si, Gangnam-si, and the victim who was divingd together with the victim and E, put his hand into the victim’s inside, and talked with panty, and knife the chest by inserting hand into the panty.

In this respect, the defendant committed indecent acts against the victim by taking advantage of mental disability that he was unable to resist.

3. At around 10:30 on May 2014, the Defendant, at the same place as the above paragraph (2) above, had the victim who was born, a cleaning agent, and had the victim take care of the victim's chests and fry from the bath room.

In this respect, the defendant committed indecent acts against the victim by taking advantage of mental disability that he was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A statement recording CD, recording record preparation report and stenographic record;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities (D) and certificates of disability diagnosis;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which may be applicable to the crimes, and the choice of punishment, respectively;

1. Of concurrent crimes, paragraph (1) of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act shall be the most severe judgment;

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