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(영문) 수원지방법원 안산지원 2017.10.20 2017고합100 (1)
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Victim C(M, 1996 birth) is a person with a disability of class 2 with a intellectual disability, and is between the defendant and his/her relative who was known to him/her.

1. The Defendant committed the crime of influence on the date in 2014 at the emergency exit of “E” located on the 7th floor of the D Building in the 2014 in the name of the non-defluence of the date.

“After a humping, as the victim’s humbly fell behind, the victim committed an indecent act against the victim with mental disability by inserting both descendants into the inner part of the victimized person, and driving the victim’s chest into the inner part, and by force.

2. The Defendant committed the crime of influence on the date in 2015, committed an indecent act against the victim with mental disability by force by taking the victim’s grandchildren on the seventh floor of building No. 1 on the date in 2015, leading the victim to the said emergency exit, leading the victim to the said emergency exit, and taking the victim’s chest in the same manner as described in paragraph 1, and by force.

3. From March 2016 to March 2016, the Defendant: (a) stated the victim’s “reconciliation” at a light-wise F, 1313 Dong 1309, where the victim was his/her residence; (b) stated the victim’s “reconciliation” at a small room; and (c) stated the gap in the victim’s cell phone in which the victim met with his/her cell phone; and (d) stated the victim’s chest by placing the victim on his/her floor to the victim’s own arms; and (c) committed an indecent act against the victim with mental disorder by force by putting the victim into the victim’s entrance.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Stenographic records of police against victims C;

1. Certificates of persons with disabilities (No. 2 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to report on investigation (including submission of a statement analysis expert’s written opinion and accompanying documents);

1. Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Penalty concerning the crime;

1. The aggravated Criminal Act for concurrent crimes.

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