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(영문) 수원지방법원 성남지원 2017.01.12 2016고합197
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

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

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. An indecent act committed on March 23, 2016;

A. On March 23, 2016, at around 11:30, the Defendant: (a) first known of the victim E (a 33 years old), who was “D’s brain disease and visual disability 1 level” in Seongbuk-gu, Sungnam-si, Sungnam-si; (b) then she her the victim to “G Children’s Park” located in Sungnam-si, Sungnam-si, which was located in the G Children’s Park; (c) and (d) took the victim to drink, and her her her son her son her son her son, followed the victim’s left chest one time with the clothes above, and forced the disabled victim to commit an indecent act.

B. On March 23, 2016, around 14:00, the Defendant committed an indecent act by force against the victim, who is the disabled, by inserting alcohol into the victim’s own entrance in the “G Children Park” along with the victim, along with the victim’s paragraph 1-A. In addition, the Defendant committed an indecent act by forcing the victim, who is the disabled.

2. On March 26, 2016, the Defendant committed an indecent act by force on March 26, 2016, between the subway No. 8, K history of the subway No. 8 and the escape exit No. 10 and 11 located in Sungnam-si, Sungnam-si on March 26, 2016, in a way that the said victim communicates with the said victim and goes back only in the L middle school park, thereby holding the victim’s left chest in his/her hands, and continued to place the Defendant’s house in his/her entrance and put the Defendant’s house on the victim for about one minute, thereby forcing the disabled victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness M;

1. Report on internal investigation (the state of disability of the victim), investigation report (the CCTV of the elevator in K station), investigation report (the re-verification of the damaged place);

1. The application of Acts and subordinate statutes governing the attachment of photographs, K-K elevator CDs, and data verifying whether persons with disabilities are registered;

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. Crimes of violation of the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) stated in Article 38(2) of the same Act, which are aggravated for concurrent crimes.

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