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(영문) 대구지방법원 2013.12.20 2013고합97
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the security guards who work at the construction site of D and who treat the victims E (the age of 37) who go beyond the construction site of the Defendant, were aware of the victim since one year prior to the decline.

The Defendant was aware that the victim was disabled with physical disability 2 with mental retardation disability and was not older than 4 to 5 years of age, and tried to commit an indecent act against the victim.

From August 14, 2012 to September 18, 2012, the Defendant: (a) set up a victim at the subway “G” located in Daegu F from around 06:50 to around 07:30, and (b) set up in the subway “G” located in Daegu F, thereby sustaining the victim’s hair and shoulder; (c) took the victim’s head and shoulder; (d) took the victim’s face; and (e) took the victim’s chest back by force; and (e) putting the victim’s chest into a part of the victim’s chest on his hand, she skeed the victim’s finger.

Accordingly, the defendant committed an indecent act against the victim with mental disability.

2. Although the Defendant’s defense counsel given the victim a few different coffees and provided treatment to the victim, the Defendant did not commit any indecent act on the part of the victim or by force.

3. Determination

A. The instant case No. 1) The victim is a intellectual disabled person with intellectual disability 2-5 years of age, who lacks the concept of accurate time and date as to intellectual disability 2-5 years of age. 2) The Defendant was a person working as a security guard at the D construction site and was working as a security guard at H and 24-hour shift work at the time of committing the crime, and the victim is a shift before and after the 7-hour shift.

3) The victim is residing in G, G, G, which is less than 300 meters away from the 300 meters away from the Do newsletter, and moves from G, which is around 06:30 on the day except the weekend, to new tent, and the disabled are getting on board the vehicle in new astronomical basin and live a leisure life. 4) The Defendant is going to go to the face part after the victim who worked in the middle of January to February 2012 goes beyond the vicinity of the construction site.

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