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(영문) 부산지방법원 2017.06.16 2016고합926
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is in the first-year course of the E University F in Busannam-gu and the first-year course of the E University F in Busan-gu. The Defendant is in the first-year course of the victim G (Min, 18 years old) who is the disabled in the second degree of intellectual disability, and the Defendant and the victim are in the family-friendly relationship.

On April 4, 2016, the Defendant: (a) at the entrance of the public toilet in Busan-gu Busan-gu Busan-do, Busan-do around 12:00 to 14:00, the Defendant: (b) at the entrance of the public toilet in Busan-gu, the victim, who is a disabled person, of class 2 of intellectual disability, reported the melt at female toilets

Although the intention of refusal is expressed, the female's hand was laid down in the partitions of the male toilet, the female's hand was laid down on the shore, the victim was seated on his bridge, the victim was laid down on the shore, and the breast was cut off by her hand, and the finger was stored in the panty of the victim.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness G and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to G;

1. Complaint;

1. Investigative report (victim G image recording), stenographic records of each victim, and video recording CDs made each statement;

1. Report on investigation (written opinion of an expert on statement analysis);

1. The written opinion of each sexual assault case;

1. Requesting cooperation in investigation (related to registration of persons with disabilities);

1. Investigation report (determination on a victim's disability grade);

1. A criminal investigation report (report on psychological evaluation) and a victim G psychological evaluation report;

1. Investigation report ( telephone conversations for a witness);

1. Application of Acts and subordinate statutes to the actual survey report;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. An order of disclosure; and

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