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(영문) 대전지방법원 서산지원 2018.08.29 2018고합39
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

The defendant was living in Dong Dong Dong Dong Dong Dong such as the victim C (math, 38 years of age, intellectual disability 3 level) and was frequently living with her husband D and the victim, and was aware that the victim's intellectual disability is limited to the victim's ability of accident.

1. Since the Defendant committed a crime in a singing room was detained on April 27, 2017 by her husband of the victim around 2017, this part of the crime appears to have occurred before April 27, 2017.

On the other side of the Republic of Korea, the chest and the fry of the victim were sent to the body of the victim while drinking alcohol with the husband of the victim and the husband of the victim in the singing room located in Thai-gun, Chungcheongnam-do.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

2. The Defendant committing the crime on the front side of the E elementary school: (a) while operating the Defendant’s Gpoter vehicle in front of the E elementary school on June 2017, in front of the E elementary school, the Defendant finds the victim; (b) finds the victim from the vehicle; (c) 50,000 won the victim gets out of the vehicle; and (d)

Articles 60 and 70

“The victim did not refuse, do not need money,” but continued to hold the victim’s grandchildren and fice on the victim’s clothes, even though the victim did not want to do so.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Legal statements of the witness C and D;

1. C’s statement or stenographic records recorded in video recording CDs;

1. C’s statement;

1. Statement made by the police of D;

1. Report on internal investigation (reporter and victim's oral statement contents), list of cases to be reported, statement and analysis opinion;

1. Application of statutes governing certificates of persons with disabilities;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct by Person with Disabilities) are provided for in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct by Person with Disabilities).

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