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(영문) 광주지방법원 2015.08.19 2015고합134
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A committed an indecent act against the victim by taking advantage of the victim’s hand inside his/her room while knowing that the victim (the victim 46 years old, 46 years old, hereinafter the same shall apply) who found him/her was intellectual disability 1 in order to request new repair at the defendant’s home located south of late 2014, and the intelligence index was inside and outside 40 and has a lack of normal capacity to distinguish things or make decisions, with the knowledge that there was a mental disorder that caused the victim to fall short of normal ability to distinguish things and make decisions.

2. Defendant C was aware that the victim was 1 level with intellectual disability and the intelligence index was inside and outside 40, and thus, the victim was unable to resist or resist due to mental disability due to mental disability, by taking the victim’s chest into his/her hands out of the clothes, and by taking the victim’s chest into his/her hands, Defendant C committed an indecent act on the part of the victim, who was in a difficult situation to resist or resist the victim’s chest due to mental disability.

Summary of Evidence

1. Each statement made by the Defendants in compliance with this Act;

1. The statement of the victim recorded in the video recordings;

1. A statement made by the witness H to this effect in this court;

1. Application of Acts and subordinate statutes making relevant to a copy of the disabled certificate, a copy of the disability diagnosis certificate, and a family relation certificate to victims;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment of Special Cases concerning the Punishment of Sexual Crimes Aggravated Punishment (Indecent Acts by compulsion of persons with disabilities, and Selection of Imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. Suspension of execution under Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing) 1.

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