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(영문) 전주지방법원 정읍지원 2017.11.08 2017고합49
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

The Defendant, a person with hearing disability 4, was neighboring the victim C, who is a disabled person with the same rank as the victim C, and the victim has a significant impediment to language function, lost both hearing ability, and made communication with others difficult. The Defendant was willing to commit indecent acts by compulsion by compulsion by compulsion by taking advantage of the fact that the victim is living together in his/her dwelling and there is no other person to protect, and by taking advantage of the fact that there is no other person to protect.

1. On March 8, 2017, the Defendant committed the crime on March 8, 2017, at around 12:00 on March 8, 2017, at the residence of the victim in order to ask the married victim for his/her own car, and found the married victim to have his/her chestd, forced him/her to use his/her chest, and her kis down the victim’s kis, and kis down the Defendant’s kis, and kis down the Defendant’s kis, and kis off the Defendant’s kis.

2. On April 12, 2017, the Defendant committed a crime on April 12, 2017, at around 15:00, at the residence of the victimized person, the Defendant sought coffee from the mixed victim, and sought kissk to the victim’s chest by forced entry into the victim’s name, and kisk to the victim’s chest by hand, and kis.

3. On April 21, 2017, the Defendant committed a crime on April 21, 2017: (a) was found to have been forced to be exempted from the victim’s remains, and (b) was satisfed in several times by hand and satisfed from the victim’s chest, and was soon satisfed.

Accordingly, the defendant committed an indecent act on three occasions against the victim with a physical disability.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement protocol for C and E;

1. Each internal investigation report and investigation report;

1. A certificate of persons with disabilities and a certificate of disability;

1. Application of Acts and subordinate statutes to calendar copies and photographs;

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

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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