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(영문) 창원지방법원 2016.11.11 2016고합213
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

From about 10 years ago, the Defendant received vocational training with victims D(the age of 32) with intellectual disability 2 in C Welfare Center for the disabled, and became aware of the victim, and used the victim's intellectual disability to properly cope with indecent act or to properly resist against it.

1. On May 2016, the Defendant committed an indecent act in the middle of the police officer on the street in front of the “F” located in the “F” in Changwon-si, on May 2016, discovered the victim who was frighting at the time, stopped the Defendant’s Gnata at the same time and stopped the Defendant’s Gnata, and called the victim to board the said car, and the victim was on board the victim, and the victim was frightd with the victim’s her her her her her her her her her her her her her her her her her her her with his her her her her her her her arm

2. On May 2016, the Defendant found the victim who was frighten in front of the Haman on May 2016, 2016 and was frightened at the time on the top of the F, provided that the victim was to go on the said car in the same manner as described in paragraph 1, and that the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed an indecent act against the victim in a difficult situation due to mental disability over a total of two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of victims;

1. The police statement of H;

1. Application of Acts and subordinate statutes to response to requests for investigation cooperation;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [one of the concurrent crimes resulting from the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is heavier than the imprisonment for a crime] shall be applicable.

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