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(영문) 인천지방법원 부천지원 2013.06.14 2012고합378
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
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

On May 201, the Defendant was aware of D, which passed through a street and became aware of D, and divided conversations between his or her women and his or her children, with the awareness of the fact that C (the age of 28) is a mental retardation 2, and that there is a lack of ability to discern things as he or she suffers from mental fission, and that he or she committed indecent act against his or her women.

1. At around 11:00 on February 18, 2012, the Defendant told the victim at the Defendant’s house located in Seocheon-gu, Seocheon-gu E Apartment 1818 Dong 1007, Seocheon-gu, 2012, that “the Defendant will snife in his body,” and carried the female in a bath, carried the female in a bath, and took off all of the clothes of the victim, and taken off the chest and a part of the chest and a part in a hand.

Accordingly, the defendant committed indecent acts against the victim who has a mental disorder through deceptive means.

2. The Defendant, at the same place as a policeman in the same month, was sent to the victim with the victim’s chests and fry with her own fingers.

Accordingly, the defendant committed an indecent act against the victim who has a mental disorder by force.

Summary of Evidence

1. C’s legal statement;

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the third protocol of the trial;

1. Video recordings;

1. A certificate of medical records, a certificate of disabled person, and a photograph;

1. Application of statutes governing professional opinions;

1. Relevant provisions of the relevant Act and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent acts against the disabled through deceptive schemes and force and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment determined by a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Fraudulent Means, etc. with Disabilities) from among concurrent crimes;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

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