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(영문) 대구지방법원 서부지원 2015.01.29 2014고합207
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for one year.

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 defendant is a foreigner who has the nationality of Pakistan.

On September 2, 2014, at around 23:00, the Defendant d (the 14 years old at the time of criminal conduct, and the 15 years old at the present 15 years old) of the Defendant’s house located in Seo-gu Daegu Metropolitan City C, saying, “I am at her house and am away from her house, I am at her own house, followed the victim, and am string the string of the string of the string and the string of the string of the string of the string.”

The defendant kisked the victim's head that the victim could not properly cut the body of the head due to a physical disorder in the body of the victim, because of the victim's trouble in the body of the victim, and kisk the victim's entrance.

Accordingly, the victim's chest was found to be the victim's chest again because of the defect of why he was "dyle" and again, the victim's chest was stored in the victim's clothes.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the interrogation records of the accused by the prosecution;

1. Seizure records;

1. An expert opinion on sexual assault against the disabled;

1. The application of each statute to paintings, records, and photographs;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the defense counsel at the time of the instant crime, did not commit assault and intimidation against the victim. As such, the Defendant did not constitute indecent act by compulsion, and even if an indecent act was established, the Defendant did not recognize that he/she was a juvenile.

We examine whether the Defendant’s crime of this case constitutes a indecent act by compulsion.

According to the above evidence, the following circumstances are acknowledged.

① On the road, the Defendant and his defense counsel recommended the victim to avoid the expense at his own house several times, and the victim kisk was kis in the course of leaving the kis, and the head was kisced on hand, and there is any particular response.

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