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(영문) 청주지방법원 2017.07.14 2017고합12
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 22, 2016, the Defendant committed a crime on September 22, 2016, at the home of the victim located in Cheongju-si, Cheongju-si, Cheongju-si, and at the home of the victim, the victim E (V, 46 years old) of the victim, who was under the direct control of the victim, brought about the chest of the victim himself.

Accordingly, the defendant committed an indecent act on the part of the victim with physical disability.

2. The Defendant committed the crime of September 23, 2016: around 00:20 on September 23, 2016, after drinking alcohol in Cheongju-si G in the above F and Cheongju-si in a considerable area of Cheongju-si with the victim, the Defendant was indicted by the prosecutor as “the victim is at a disadvantage with F and the drinking value.” However, in the second public trial records, the Defendant indicted the Defendant as “the victim is at a disadvantage with F and the drinking value.” However, according to each statement made to E of the witness and witness F in the second public trial records (the record of the witness examination of E in the public trial records, page 21-2 of the witness examination record, and page 17-18 of the witness examination record of the witness F in the public trial records), the victim and F have been pushed back with F due to the drinking value problem at the time.

It is difficult to conclude this part of the facts charged.

On the basis of the fact that a victim parked in the vicinity is a H Ttibl vehicle of the victim and has a system with the victim, the victim, who was seated in the back of the front edge of the above vehicle and was waiting for the driver of the vehicle as his/her agent, was flicking back to the steering force and flicking the victim's chest.

Accordingly, the defendant committed an indecent act on the part of the victim with physical disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made to the witness E and witness F in the second public trial records;

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

1. Application of video recording CDs, 112 reported records processing slips, welfare card-related statutes;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof, and Article 298 of the Criminal Act;

1. An aggravated concurrent crime is a crime under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (an indecent act committed by any disabled person on September 23, 2016, with heavier penalty).

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