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(영문) 광주지방법원 2017.10.20 2017고합184
강제추행등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a staff member of the gas station in the Southern-gun C, and the victim E (the victim E, 29 years old, intellectual disability 3 level) is a person who resides near the gas station, and the Defendant and the person were aware of the convenience store in the above gas station and became a customer, and there is a gap between them.

1. On November 2013, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by force against persons with disabilities), said that the Defendant will take the victim on board a numberless car in G neighborhood located in F of the Southern Masung-gunF around 08:00 and will take the victim on his/her house with the victim on board.

On the other hand, in the mountain path near the H village in the same Gun, the car was set up with "a car-to-sto-sto-sto-sto-sto-s to-s to-s to-s to-s to-s to-

Therefore, when the victim resisted the body of the defendant by "to go to the house," the defendant divided the body of the victim, and forced the victim to commit an indecent act against the disabled person, such as the victim's chest, bucks, and bucks which meet several times, and the face of the victim's face.

2. On November 201, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes, etc. against the disabled) by carrying the victim on the ID cargo vehicle driven by the Defendant at around 10:00 on the same day, and moving the victim to the Jungsung-gun's office and the water source side.

“In doing so, I tried to be forced to go out of the victim’s will.”

Accordingly, the victim does not want to "I do not want to do so".

In the resistance, the Defendant called “Ihnh Eup”, and called “Ihnh,” prevented the victim from resisting due to care of the victim, mil the victim behind him, and exceeded the victim’s fright and panty, and sexual intercourse with the victim once.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Prosecutions against the Defendant.

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