2013Gohap97 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by the disabled)

Security Guards

December 20, 2013

The defendant shall be innocent.

The summary of the judgment against the defendant shall be published.

1. Summary of the facts charged

The defendant is a security guard working at ○○ Construction Site and treating the victim ○○○ (n, 37 years old) who has been over the construction site near the construction site of the defendant.

The Defendant was aware that the victim was disabled with physical disability 2 with mental retardation disability and was not older than 4 to 5 years of age, and tried to commit an indecent act against the victim.

The Defendant, from August 14, 2012 to September 18, 2012, from around 06:50 to around 07:30, set up a victim who was at work in the subway located in Daegu Northern-dong 302-94, and took care of the victim’s head and shoulder, knife the victim’s head and shoulder, knife the victim’s head and shoulder, knife the victim’s face, and forced the victim’s chest to wear the victim’s chest by force when the victim’s face was taken, and then sealed the victim’s finger by inserting the knife.

Accordingly, the defendant committed an indecent act against the victim with mental disability.

2. Prosecution of the defendant;

Although the Defendant provided several coffees to the victim, he did not commit any indecent act on the part of the victim.

3. Determination

A. Case progress

1) The victim is a intellectual disabled person with intellectual disability level 4 to 5 years of age with intellectual disability grade 2, and the concept of accurate time or date is insufficient.

2) The Defendant, who works as security guards at the Daegu ○ Construction Site, was engaged in gambling ○ and 24-hour shift work at the time of committing the crime, and was in shift before and after the 7-hour shift.

3) The victim resides in a apartment house 300 meters away from the Do newsletter in the Do newsletter, and moves from the subway 06:30 on the day other than the weekend to the new subway station, and is the ○○ Welfare Foundation in which disabled persons are living on board a vehicle in the new astronomical basin and live their leisure time. 4) The Defendant provided medical treatment that the victim who worked in the middle of January to February 2012 went beyond the vicinity of the construction site and went out of the face part, and went out of the emergency medicine to the face part.

5) The victim dices coffee that the defendant gets in the guard room where the defendant gets at the end of his service.

B. Since the credibility of the victim's statement is only the victim's statement as direct evidence consistent with the facts charged in the instant case, the credibility of the victim's statement made by the defendant due to indecent act by compulsion is a key issue to determine the facts charged in the instant case, and the credibility of the victim's statement is examined below.

1) Determination on the place of crime

The facts charged regarding the place where the crime of this case was committed are called ‘large Area', and its location is unclear, but the victim was committed indecent acts in underground roads, underground subway, and lot department stores.

However, it is difficult to see that the defendant is a criminal for the following reasons in relation to the place of such crime. In other words, the victim's moving route from the house to the Newcheon Station after getting out of the subway 1 to the New Mancheon Station, and the defendant moved to the subway 1 to the subway station in the new Mancheon Station, and the defendant moved to the subway 2 line in the large area after getting out of the subway station and moving to the subway 1 line from the subway station to the half-monthly station, and then going back to the subway station again after getting out of the subway station to the subway station, the moving direction of the defendant and the victim is mutually opposite to each other based on the large area (According to the transportation card specifications and inquiry report submitted by the defendant, the defendant can know the fact that the defendant moved to the large area while moving to leave the subway station and getting out of the subway station, and the large area is difficult to see that the defendant is waiting for the victim or the victim following the subway in the process of the violence.

2) Determination as to the part of the Defendant’s land category as an offender

The two victims followed himself/herself. One of them is to be well known, and the other is to be a small person, and the other is to be a minor person, who has sexually abused himself/herself, and who is small.

Although the Defendant used a scambling, “a person who used scambling and scambling,” a person who used scambling and scambling, does not specify the Defendant as an offender solely based on these statements (at least 00 persons working at a scambing construction site guard room, and even if the Defendant written scambling and scambling about 00, as seen below, it is insufficient to view the Defendant and scambling as a scambling and following the scambling, as the Defendant and scambling are insufficient to identify the Defendant as an offender. Even if the scambambling of a small person working for the Defendant, scambling and scambling, referring to 54-57 pages of investigation records, and scambambling, scambling and scambling of the witness).

To this end, this 00 warning letter states that the defendant and his defense counsel are present in this court as a witness, and point out that the defendant and his defense counsel are 24-hour shift working outside the construction site, so it is little that daily victim talks with one another because the victim's own will is not clearly able to express it, and that the victim's words that the defendant and Park ○○ made according to subway are "for example," and the victim's words that the defendant and Park ○ made according to subway were judged to be lacking credibility. The victim's intellectual ability is clearly the same, but it is not clear that the victim's intellectual ability is reduced and it is not possible to distinguish the victim's own statement without the concept of date and time, and if the victim's statement is inconsistent and cross-written, it is reasonable to conclude that the part of the victim's statement corresponds to the fact that the defendant is the criminal, and that the part of the victim's statement is not consistent with the victim's credibility as a whole, and it is not consistent with the defendant's statement that it is not consistent with this.

(iii) Other circumstances.

In addition, the victim also stated that he was guilty of indecent act at 'Azer's house or room(28 pages and 33 of the investigation record), that the victim was sexually committed (the 34th page of the investigation record), that the victim was a new place of damage (the 34th page of the investigation record), and that the victim was not consistent or that the damaged place was several places outside the large area. At the time, Az was suffering from the same time, and that Gaz was the same as that of the victim (the 95-98th page of the investigation record). The victim was not placed at around August 9, 2012, which was the time when the crime was committed, and the Defendant and Park○○ was not located rapidly, and that the victim was kid (the 112th page of the investigation record) and that it was denied at the first stage of investigation (the 367th page of the investigation record). In full view of the above, it is difficult to view the credibility of the victim's statement in this case.

4) Sub-committee

In full view of the above facts, even if credibility exists with respect to the facts of damage by the victim’s statement relatively consistent and concrete as to the part in which the indecent act by force was committed, it is doubtful in light of the aforementioned various circumstances as to the fact that the person who committed such indecent act by force was the defendant, and other evidence submitted by the prosecutor alone cannot be deemed as proven without reasonable doubt, and there is no other evidence to acknowledge this otherwise.

4. Conclusion

Therefore, the facts charged in this case constitute a case where there is no proof of facts constituting a crime, and thus, the defendant is acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant pursuant to Article 58 (2) of the Criminal Act

The presiding judge, the highest judge;

Judges Park Jin-jin

Judge Lee Hong-soo