logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.12.09 2016고합308
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The information on the accused is disclosed through an information and communications network for five years.

Reasons

Criminal facts

Around 10:30 on September 21, 2016, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") had a 1st grade intellectual disability in the vicinity of the "D Post Office" located in Siluri-si C at Siluri-si, E (hereinafter referred to as 22 years old), etc. to look at the victim E (hereinafter referred to as the "victim") with a diversity to commit an indecent act with the knowledge that the female has a lack of intellectual ability and judgment ability due to a intellectual disorder.

The Defendant: (a) induced a female out of the post office by making the victim’s speech to the effect that he would drink drinking water; (b) committed an indecent act by force against the victim, who was physically disabled by putting her hand into the shoulder of the victim; and (c) her chest, fel, sound, etc. with other her own hand, committed an indecent act by force against the victim with mental disability.

[Facts constituting the attachment order of an electronic tracking device] The Defendant committed a sexual crime against a person with a mental disability as above, and is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Facts】

1. Defendant's legal statement;

1. A written statement;

1. The statement of E recorded in the video CD;

1. Statement analysis expert's written opinion;

1. A copy of a welfare card;

1. In full view of the following circumstances acknowledged by the records in the instant case, such as each CCTV image photograph (the risk of recidivism of a sexual crime) and each of the above evidence, a written investigation before the Defendant’s claim against the Defendant, and the Defendant’s age and circumstances after the commission of the crime, the Defendant

① The instant crime is an indecent act committed by force by inducing a victim with a intellectual disability with no one who had a common sense to commit the instant crime, and the nature of the instant crime is very poor.

② While recognizing a crime in the investigation before a request was made by a probation office, the Defendant stated that “I want to do so. Women I wish to speak and want to return to the probation office,” but the written investigation was conducted prior to the request.

arrow