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(영문) 대구지방법원 상주지원 2012.06.14 2012고합25
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed and notified for ten years.

Reasons

Criminal facts and the facts constituting the attachment order

1. Around 15:00 on April 15, 2012, the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter referred to as “Defendant”) committed an indecent act by force against the victim, such as: (a) placing the victim’s chest in his/her hands at the house of the victim D (at the age of 72, the age of 72, and the disability of class 2, the brain disease, and the movement is not free; (b) placing the victim’s chest on his/her hand; and (c) placing the victim’s chest into the house; and (d) placing the victim’s chest into the house.

2. On April 18, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape, etc.) caused the victim to undergo an external appearance that requires approximately two weeks of medical treatment by inserting the victim’s jackets in his/her hands from the ward located in the above victim’s house, making him/her fast with his/her chest, inserting his/her fingers into the victim’s inner part, making him/her sound, and inserting his/her fingers and suspending his/her fingers into the victim’s sexual flag, and putting him/her over five minutes in the victim’s inner part, etc.

3. The Defendant is found to have committed a sexual crime on two or more occasions as above, and there is a risk of recommitting a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about E and D (including the F part of the statement);

1. A certificate of the disabled person, investigation report (as to attaching photographs on the scene of damage), eight copies of field photographs, requests for issuance of and replies to a certificate of the disabled person, and descriptions and images of the medical certificate;

1. The risk of recidivism of sexual crime, as indicated in the judgment: The following circumstances acknowledged by the above evidence and the statement in the claim assistance society: (i) there was an enemy who committed a indecent act by compulsion even around the around 2011, the Defendant committed a indecent act by compulsion; and (ii) the above crime was a indecent act by compulsion of money residing in neighboring villages; (iii) the crime of this case is similar to that of the crime of this case (127 pages of investigation record); and (iv) the Defendant did not have any sexual self-defense or desire against the ordinary victim.

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