logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.09.07 2017고합75
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged C (the age of 36) is a person who has a intellectual disability with extremely low communication ability or sociality (the social index in the inspection of July 16, 2010 is 13 years and 7 months, sociality is 7 years and 2 months, sociality is 7 years and 28 years, SP at the inspection of May 30, 201, 5 years and 1 months, sociality is 4 years and 1 months, 7 years and 7 years and less than 7 years and less than 2 months).

On May 7, 2016, the Defendant, at the entrance of Daejeon Daejeon-gu D Officetel, around 03:10 on May 7, 2016, met C, “A person drinks alcohol,” and changed C to “Fel” in Jung-gu E by burning C into a taxi.

Although the Defendant, who does not know at all, is drinking alcohol and drinking the horses to the telecom, C was aware that it is different from the general public by reporting C, without any consideration, to follow the instructions, such as moving the Defendant to the telecom with no boundary or conversation, and she was off the clothes as the Defendant makes up for the telecom.

The Defendant is willing to commit an indecent act against C by using C’s disability, and “beer bottled with beer disease in beer.”

“Fasting C with a blank instruction, “,” she puts the Defendant’s finger in the negative part of C, shakens the finger, deducts the finger, and then put the finger into C’s inner part as soon as possible.

As such, the Defendant committed an indecent act against C with mental disorder by force.

2. The Defendant and his defense counsel did not know that C was a disabled person, and C added C to the quality of beer disease

“There is no fact that the instructions were given.”

The defendant's act of inserting the fingers of the defendant into the negative part of C and making the fingers prompt into the inner part of C is an act of obtaining the consent of C.

3. Determination

A. The prosecutor bears the burden of proving the facts charged in a criminal trial, and the recognition of guilt is the judge.

arrow