(영문) 부산지방법원 2019.03.22 2019고합3 | 리걸엔진

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(영문) 부산지방법원 2019.03.22 2019고합3

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

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1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. The defendant shall complete a program for treating sexual assault for 40 hours.

Reasons

Criminal facts

On March 23, 2018, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendant") are under the suspension of execution, which was sentenced to three years of suspension of execution on March 31, 2018 by imprisonment with prison labor for robbery at the Busan District Court for one year and six months, and the judgment becomes final and conclusive on March 31, 2018.

1. Around 19:00 on December 24, 2018, the Defendant discovered that there is a fluence of the victim C (the fluen, 37 years of age) with mental disorder C (the fluen, 37 years of age) in front of the building B in Busan Dong-gu, Busan, and attempted to commit an indecent act against the victim with the knowledge that the victim was divided into horses, and that the fluen or fluor was talked with the victim as a restaurant in the nearest place, while the victim was talked with the victim and fluencing him/her.

On the same day, at around 21:00, the Defendant got the victim to sit rhyd from the floor near E located in the Dong-gu Busan Metropolitan City, and only one hand attached the victim so that the victim does not escape, and the other hand was stored into the part of the victim so that the victim could not escape.

Accordingly, the defendant committed indecent acts by compulsion against the victim with mental disability.

2. 2019Gohap22;

A. At around 02:00 on May 20, 2018, the Defendant, at the entrance of G Hospital located in the G Hospital located in the Geum-gu Busan Metropolitan Government, drinked the victim H (the victim H (the age of 56) by drinking in the mutual influorial house near the Dongdong-gu, and on May 20, 2018, on the same day, on the part of the victim and the J-si operated by I in order to move to the Busan marine traffic bank.

In addition, even though the defendant, who was seated on the back of the steering place, tried to look back the victim's left hand, and expressed his intention of refusal by the victim, such as duckbucking the victim's hand, the defendant continued to write down the victim's hand on several occasions with left hand, and against the victim's will.

유사 판례

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