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(영문) 대구지방법원 2018.08.17 2018고합195
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant's information about the defendant is used through an information and communications network for a period of five years.

Reasons

Punishment of the crime

Defendant

On March 10, 2018, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") discovered that the victim E (the victim E (the name, the 15 years old, and the total social gender index 21.81), who was the first disabled person with intellectual disability that he/she was unable to lead a social life on the front side of the D convalescent hospital located in Busan Metropolitan City around 04:05, and that he/she went to his/her house.

그런 후 피고인은 2018. 3. 10. 04:50 경부터 2018. 3. 11. 04:00 경 사이에 경산시 F 소재 피고인의 주거지 방 안에서, 피해자를 눕힌 뒤 반항하는 피해자의 얼굴, 다리를 손으로 수 회 때리고, 피해자의 가슴을 손으로 만지고 입으로 빤 다음, 피해자의 바지 속으로 손을 넣어 피해자의 성기를 만졌다.

Accordingly, the defendant committed an indecent act on the part of a child or juvenile with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. A internal investigation report (a stenographic record attached to a statement made by victimized child E), stenographic record, CD;

1. Report on internal investigation (the results of the search of data on DNA identification data by the Supreme Prosecutors' Office DDA), and replys to requests for appraisal;

1. Each internal investigation report (in cases of attachment of photographs of CCTVs for the victim's happiness and crime prevention, attachment of CCTVs taken by the person suspected of being exposed, attachment of photographs of CCTVs for the victim's movement, tracking and attachment of photographs of the victim E, attachment of photographs on the upper part of the victim E, and issuance of certificates of persons with disabilities of the victim, etc., accompanied by a statement and analysis expert opinion on the statement of the victim);

1. Investigation Report - Application of the Acts and subordinate statutes attaching photographs showing the scene of the crime;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act on the Punishment, etc. of Sexual Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment).

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