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(영문) 대구지방법원 서부지원 2016.11.10 2016고합172
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim C(54 years old) is a disabled person of Grade III with mental disorder who is necessary to assist in maintaining cleanliness, such as hump, bath, etc. in the daily life due to a mental division and is unstable to establish a cooperative relationship with the damaged net, and the defendant is a person with mental disability of Grade III, who works as a sexual group D employee and delivered rice to the home of the victim one time from June 2015 to two months.

1. On May 20, 2016, the Defendant: (a) around 11:00 on May 20, 2016, the victim’s house located in Seongbuk-gun, Seongbuk-gun, and, (b) called “Maerna” to the victim’s room; (c) followed the beer; (d) the victim took to the beer; and (e) the victim took to the beer; and (e) the victim walked to the beer; (e) the victim’s breast with his hand; and (e) the victim was boomed to wear the beer; and (e) the victim was able to take charge of both breasts of the victim on his hand.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

2. At around 11:30 on the same day, the Defendant: (a) provided that he would move to a scam bed in a scam-to-scam shed in mountain where his address is unknown; (b) provided that he would leave the rice delivery vehicle (one ton cargo) operated by the Defendant to the place of the vehicle; (c) parked the vehicle on the scam-to-scam cam cam in a line with the victim, who was seated on the scam-to-scam cam, walked the scam of the victim, walked the scam of the victim by walking the scam and the broman of the victim who was seated on the scam-to-kam cam, and demanded the victim to promptly scam the Defendant’s gender.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Written opinions on sexual assault cases against the disabled;

1. Application of the Acts and subordinate statutes to report internal investigation (the attachment of a written diagnosis of the victim's disability, etc.);

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