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(영문) 광주지방법원 2019.01.11 2018고합513
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant first known the victim D (one's name, half, 49 years old) in the siking, which is a community space in apartment, as an apartment resident of the same apartment in Gwangju Mine-gu B apartment and C, and the victim is a person with a disability of class 4 in cerebral Ra.

Since the victim first visited the defendant's home together with the nursing person of the defendant, the victim was frequently exposed to the defendant's house, and the victim was aware of mental problems different from the general person while communicating with the victim.

As above, the Defendant had been able to commit an indecent act against the victim by frequent time with the Defendant’s house, and the victim has a mental disability, without well understanding the meaning of sexual act, and by using a situation well conforming to the intent of the Defendant.

1. In March 2018, the Defendant: (a) instructed the victim, who was playing in the Defendant’s residence, to enter the said Defendant’s residence; (b) took advantage of the situation where the victim and the victim were left at a small place; (c) demanded the victim to take advantage of the situation where the victim was placed, but the victim refused to take advantage of the victim’s arms; and (d) placed the victim on the Defendant’s hand with the victim’s seat; and (e) buckbucks with the victim, she committed an indecent act against the disabled by force.

2. In the same place as at the end of March 2018, the Defendant, at the same time as at the end of March, 2018, had the victim, who was found in the Defendant’s residence, enter a small room, and laid the victim at a small room in the manner as referred to in paragraph 1, and committed an indecent act against the disabled person by force by force by putting the victim on the part of the victim, etc., in a buckbucks.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to an intermediary report;

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Articles of the Criminal Act and the Selection of Punishment, etc.;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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