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(영문) 창원지방법원 마산지원 2017.03.31 2015고합64
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 25, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for an injury, etc. by the Busan District Court, and completed the execution of the above sentence on April 29, 2014. On June 17, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for a special robbery, etc. in the Changwon District Court Msan Branch Branch, and the judgment became final and conclusive on October 1, 2015.

Criminal facts

The Defendant became aware of the victim E (at 13 years of age) who was hospitalized in the same hospital as a mental fissiona in the same hospital due to the proof of alcohol by the D Hospital located in Daegu Dong-gu C.

On September 20, 2014, around 15:30 on the second floor of the above hospital, the defendant walked with the victim in the direction of the second floor of the above hospital, and met with the victim's left part of the victim's left chest with his own shoulder, and continued to take back the victim's left part of the victim's chest with his own hand, and the defendant was moving back to the ward 211, while the defendant was making a 211, while the defendant was traveling, the defendant reported that the victim was living together with the defendant who is a male patient in the male ward, and the defendant was moving back to the ward.

After a diving, the Defendant entered the sick room of the victim who was in the same floor, and the Defendant was placed on the top of the sick room No. 211 of the above hospital, and the victim was placed under the bit lease, and the victim was placed on the bottom of the head of the damaged person, and the victim was able to see the victim's head toward the defendant's face so that he did not resist against the victimized person by putting the victim's head toward the defendant's face, and put the victim's entrance into the drunken room, and putting the victim's inside the entrance.

Accordingly, the defendant committed an indecent act against the victim who is a class 3 disabled person with intellectual disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Statement made by the police with regard to F;

1. An expert opinion on sexual assault cases against children with disabilities;

1. Stenographic records;

1. Four copies of the photograph;

1. Certificates of persons with disabilities (E) and a place of nursing;

1. A previous conviction in judgment:

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