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(영문) 창원지방법원 진주지원 2014.10.02 2014고합73
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

Around November 22, 2013, the Defendant became aware of the victim E, a female living together with D, D, a female living together with D, who had become aware of the victim's intellectual disability, due to the victim's personal exploitation at the Defendant's home, and became aware of the victim's intellectual disability around that time.

1. On February 2014, the Defendant committed a crime in the middle of February 2014, the Defendant committed an indecent act against the victim, who was in the middle of the second half of the year 2014, by hand against the victim’s will while in the middle of the year 2014, and committed an indecent act against the victim, who was in the middle of the year 2014.

2. On February 2014, the Defendant committed the crime of Haman on February 2, 2014, committed an indecent act against the victim with mental disability by making the victim's chest part of the victim's chest in the same manner as the above paragraph 1, while the victim and D were in their residence.

3. Around March 5, 2014, the Defendant committed the crime: (a) around March 5, 2014; (b) around March 5, 2014, the Defendant did not work D in the victim’s residence; (c) took advantage of the gap in which the victim is mixed; (d) took charge of the victim’s arms; and (d) took action to the victim who expressed his intention of refusal; and (e) took her fingers inside the brode of the victim’s brode; and (e) committed an indecent act against the victim with mental disability, such as the victim’s fingers, by placing the victim’s fingers into the victim’s panty; and (e) continuously putting the victim’s fingers into the victim’s finger, making the victim’s fingers of the victim’s sexual flag, and knating the Defendant’s fingers.

Summary of Evidence

1. Defendant's legal statement;

1. E statements contained in the video CD;

1. Statement made to D by the police;

1. An expert opinion on sexual assault against the disabled;

1. Application of statutes on a copy of a welfare card;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of such crimes;

1. From among concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be the largest penalty.

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