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(영문) 수원지방법원 2015.09.24 2015고합300
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and 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 frequently moved in the house of the victim on the ground that he raises a dog from the family of the victim due to the friendly relationship with the victim C (n, 18 years of age), and the victim is a person with intellectual disability 2 years of age.

1. The Defendant’s wife population on January 2015 at the time of non-acceptance of the date.

D. At the victim’s house, the victim kisk, kis from the victim’s view, kissk, and kisk from the lock to the victim’s side, and kisked by force on the victim, who is the disabled, such as kisk, kisk, kisk, kisk, and kisk, and kisk off, and kisk off by the victim.

2. On January 24, 2015, the Defendant committed an indecent act by force against the disabled victim on the part of the victim, such as: (a) kisk on the part of the victim who was on the computer; (b) kisk on the part of the victim; (c) kisk on the part of the victim who was on the computer; and (d) kis the chest on the part of the victim who was fasted and rejected; and (e) b) brea the victim’s clothes; and (c) brea the suspect’s sexual organ to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. stenographic records of the victim's statement, written consent of the victim, written confirmation to sit in trust relationship and video recording consent;

1. An intermediary's report and an expert's opinion on sexual assault against children with disabilities;

1. Copy of resident registration, family relation certificate, certificate of disabled person, details of perusal by the transferred household, each disability diagnosis certificate, each psychological evaluation report, each disability grade decision, and result of interview with victims;

1. Photographs of the scene of crime;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 11);

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 for such crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Crimes by Indecent Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on January 24, 2015 with a heavier penalty);

1. Article 53 of the Criminal Act for discretionary mitigation.

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