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(영문) 창원지방법원 2015.09.03 2015고합143
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On October 2014, the Defendant sent a notice to the effect that, at the park near the warehouse site of the Changwon Rehabilitation Center at Changwon-si, the disabled victim C(n, 31 years of age) with mental retardation disorder seems to have any inconvenience or behavior that does not fit the season, and that they are disabled persons, the Defendant was approaching the victim, and the Defendant was able to find the victim's residence at the victim's residence after hearing matters about the victim's residence from those in the above park.

1. Around October 2014, the Defendant found the victim’s residence at the window D of Changwon-si, and tried to find out the victim’s being mixed in the said park and to force the victim’s indecent act by force.

The Defendant stated to the effect that the Defendant “Islon Dol” was “Islon Dol, Islon Dol,” and the Defendant took advantage of the situation in which the Defendant was unable to properly resist due to the mental disability of the victim and the kitchen window on the kitchen in the above dwelling area, the Defendant took the victim’s hand, knicked the victim’s hand within the victim’s left hand, and knicked the chest.

2. On October 2014, two days after the date stipulated in the preceding paragraph, the Defendant found the victim’s residence in the victim’s dwelling, and found the victim’s being mixed at the location of the window around the said dwelling space, and attempted to force the victim’s indecent act by compulsion.

The Defendant took advantage of the situation in which the Defendant could not properly resist due to mental disability of the victim, and took advantage of the situation where the Defendant could not properly resist the victim’s right hand, and only once the victim’s left chest was sent back to the window of the said residence.

Accordingly, the defendant committed indecent acts by force on two occasions against the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of statements made by victims;

1. A copy of a welfare card for persons with disabilities, and application of each statute;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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