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(영문) 대구지방법원안동지원 2020.09.24 2020고합41
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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

The defendant is the friendship of the victim B (n't, family life, 19 years old), and the victim is a disabled person of Grade III with intellectual disability.

On July 1, 2016, the Defendant lived with the victim at his/her own residence after his/her spouse and death. On January 1, 2018, the victim was admitted to the residential facilities for persons with intellectual disabilities located in Ansan-si, and only four times a year, such as summer, winter, New Year’s Day, and Qustone.

1. The Defendant committed the crime on December 28, 2019, and around 13:00 on December 28, 2019, the two chests of the victim who reported TV in the Defendant’s dwelling space located in the Dongdong-si C and the Defendant’s dwelling space located in the Defendant’s dwelling space located in the Dong-si C and D came out from the victim.

2. Between December 30, 2019 and December 31, 2012, the Defendant committed the crime, between December 30, 2019 and December 31, 2019, included the Defendant’s hand in the clothes of the victim who was locked at the large bed in the Defendant’s residence, and the victim’s right chest was extended.

3. On January 2, 2020, the Defendant committed the crime of January 2, 2020, on or around January 2, 2020, the Defendant was involved in both chests of the victim who reported TV at the place specified in paragraph (1).

On the same day, the defendant continued to play a cell phone at the large bed of the same day, and continued to keep the cell phone in the clothes of the victim.

Accordingly, the defendant committed indecent acts by compulsion against the victim with intellectual disability and relatives.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Stenographic records;

1. Family relation certificate:

1. Application of Acts and subordinate statutes concerning criminal facts of a suspect;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, Article 6 (3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202); Article 298 of the Criminal Act concerning the punishment, etc. of sexual crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of indecent act by compulsion in relation to relatives).

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