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(영문) 인천지방법원 2018.03.23 2017고합784
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

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

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

Reasons

Punishment of the crime

From October 2015, the Defendant came to know that the victims suffered mental disability in the course of dialogue with the victim E (e.g., 20 years old, intellectual disability 2 level) who was a resident resident of the same Dong-gu Incheon Metropolitan City as the security guard of 204 apartment complex C, and that the victims suffered mental disability in the course of dialogue with the victim E (e.g., 20 years old, intellectual disability 2 level).

1. Crimes against victims D;

A. On September 2016, the Defendant: (a) discovered a victim who passed the location at the Defendant’s office room located on the 1st floor of the Namdong-gu Incheon Metropolitan City apartment C apartment of 204, the Defendant: (b) was investigating the victim by using the fact that he was unable to sufficiently understand the meaning of sexual behavior without any ordinary accident due to mental disorder; and (c) the victim was able to commit an indecent act by taking advantage of the fact that he was unable to understand the victim’s meaning of sexual behavior on the 1st floor below the above building; and (d) the victim was able to look at the victim’s chest with the victim’s clothes as a hand.

B. On September 2016, the Defendant, on the ground that the Defendant discovered a victim who passed the place in the guard room on the lower end of the lower end of September 2016, 2016, carried the victim into the resting room for the security guards on the first floor of the above building, and examined the victim, using the fact that he did not have a normal accident due to mental disorder and did not sufficiently understand the meaning of sexual behavior, in order to again commit another indecent act against the victim, and the victim “D having a chest more than one time.”

"............... the left hand carried the victim's upper part into the clothes of the injured party, knife the victim's chest, and the victim's stern was met with the victim's clothes.

Accordingly, the defendant is in a situation where it is impossible or difficult to resist due to mental disability over two occasions.

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