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(영문) 수원지방법원 성남지원 2019.09.19 2019고합80
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
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A defendant shall be punished by imprisonment for four years.

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

Reasons

Criminal facts

In 2017, the Defendant became aware of the victim D (the family name, the 44 years old) of intellectual disability level 2 with the total intelligent index 43 years old and middle school age 4.5 years old, which was found to receive physical therapy from the fourth floor of the building B in Seongbuk-gu, Sungnam-si, Sungnam-si, and the victim D (the 44 years old).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On July 2018, the Defendant, at around 08:30, 2018, committed an indecent act by force by inserting the victim’s clothes while intending to get her clothes, and by inserting her hand into the clothes.

B. On August 2018, the Defendant: (a) around 08:30, supra.

At the same place as Paragraph 1, the victim had been able to take clothes, and the victim's her son was forced to do indecent act by force.

C. On January 2018, the Defendant 2018, in a male toilet located in C’s corridor, she spared the victim, and forced the victim’s chest with his/her hand to commit an indecent act.

2. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, had the victim take advantage of the victim’s state of difficulty in resisting due to mental disability, and had the victim take a bath to the Eelbel at around 13:00 on one day of the 2018, and had the victim take a bath to the Eelbel at the Seongbuk-gu, Sungnam-gu, Sungnam-gu, and left the victim’s body in the maternity room, and inserted the chest and the sound into the victim’s negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's difficult state of resistance due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of a victim recorded in the victim's statement video CD;

1. Stenographic records;

1. An intermediary report;

1. Application of Acts and subordinate statutes to welfare cards, certificates of persons with disabilities, and certificates of medical records;

1. Article 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes.

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