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(영문) 인천지방법원 2016.08.10 2015고합414
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Defendant

In addition, the person who requested the attachment order (hereinafter referred to as the "defendant") is 70 persons who live alone in the place of residence, and the victim C (the victim 13 years old) is the third degree of intellectual disability and the victim D (the victim 15 years old) is the juvenile with mental disability as the second degree of cerebral disability.

1. From November 201 to December 12, 2014, the Defendant: (a) discovered that there was a mental disorder, such as, in the front play place of the building in Namdong-gu Incheon Metropolitan City, the victims who drink to the aged, compared to others, the victims who have divided the horses and behavior, and appear to have a colorful character; (b) thought the victims to commit an indecent act; (c) talks with the victims that they live in a mixed life without their family; and (d) led the victims to the East-gu E-gu, Incheon; and (b) took the victims’ house with their own house and play together.

At the same time, the victims were moved to their house No. 203.

Accordingly, the defendant induced victims for the purpose of indecent act.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. The Defendant: (a) temporarily and temporarily mentioned in paragraph (1) above; (b) at the Defendant’s house No. 203, D’s house of the above E building No. 203; (c) the victim C’s behind the victim C, where D, seeking to close the window between the opening of a locking place, prevented the victim from leaving his body by hand; (d) the Defendant laid his hand into the victim’s inner part; and (e) kids the victim’s kids on the part of the victim; and (e) the Defendant her kids on the part of the victim.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental disorder that he was unable to resist or resist.

B. The Defendant, at the same time and place as the above paragraph (a) of this Article, had the victim D and C go beyond the floor and prevented the victim from getting the victim’s knife by getting the victim’s knife of the defect that the victim D and C want to return to the house.

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