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(영문) 부산지방법원 2017.01.13 2016고합680
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

A defendant shall be punished by imprisonment for not less than 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

Criminal facts

The defendant is in a relationship with D, the mother of the victim C (the age of 15), and was well aware that the victim was at the third degree of intellectual disability (the intelligence index 37, the social index 65, and the social age of 8.8), with the victim C (the age of 15), and the victim was at the time of a special class, with the victim's ability to cope with the situation.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities) committed with D while the Defendant was in alliance with D, and found at the home of the victim located in Busan Sagu, Busan at the end of each week, and around the end of each week, D left the rest that D left with the victim at his house at his house, around the night of B, around the end of each week, D left the rest that D left with the victim at his house at his house, she was sleeped with the victim, she was sleeped with the victim who was sleeped on the floor with his clothes, and she was slicked with the victim on the upper part of the victim who was sleeped on television, and the victim was refused to see “Is the victim’s math,” but the victim refused to see “Is the victim’s chest,” and she was sleeped with the chest of the victim and sleeped with him.

As such, the Defendant forced the victim with a mental disability to commit an indecent act.

2. On December 12, 2015, the Defendant violated the Child Uniforms Act (acopage, intermediary, sexual harassment, etc. against a child) (i.e., coercion, sexual harassment, etc. against a child) provided a mobile phone at his own home located in F of the Busan Sho-gu in order to walke video conversations to the victim and talk with the victim.

In addition, “Nata” is called “Natta” but the victim rejected and terminated the video call immediately.

As such, the Defendant committed sexual harassment that causes sexual humiliation to the victim, who is a child, and thereby abused the victim’s sexual harassment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. C’s statement contained in video recording CDs;

1. A certificate of disability;

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