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(영문) 광주지방법원 2017.07.14 2017고합190
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

A defendant shall be punished by imprisonment for two years.

The information on the accused shall be disclosed and notified for a period of five years.

Reasons

Criminal facts

On November 19, 2004, the defendant and the person who requested an attachment order (hereinafter referred to as "defendant") were sentenced to three years of imprisonment for rape, etc. on October 27, 2006 during the execution of the sentence, and the parole period was expired on April 7, 2007. On February 16, 2016, the Chuncheon District Court sentenced 15 years of imprisonment for murder, etc. and became final and conclusive on May 5, 2016.

[2] The Defendant, from October 206 to December 2008, 2008, was able to come together with the Defendant’s father and the victim C (n, 15 years of age), and he was able to look together with the victim C while living together with the victim C, and became aware of the fact that the victim was a disabled person of Grade III with intellectual disability. From around October 2008, the Defendant was able to teach with the victim’s mother.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by the disabled) committed an indecent act by force against the victim, by inserting his/her fingers into the clothes of the victim by inserting his/her fingers into the clothes of the victim, from around September 1 to October 2012, the Defendant committed an indecent act by forcing the victim who has a mental disorder by inserting his/her fingers into the clothes of the victim, at the home of the Defendant, 103 201 and 201.

2. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against persons with disabilities) committed an indecent act against a victim with mental disorder by force, such as attempting to see the victim’s demand, and inserting the victim’s chest and sound on several occasions at the home of the above defendant, gathering the victim’s chest and sound, and “one defect” at the victim’s sexual organ, and making the victim refuses the victim’s refusal of the victim at several times, and attempting to capture the victim’s sexual organ into the part of the victim’s sexual organ.

[Judgment of the court below] The defendant committed a sexual crime against a person who was sentenced to imprisonment for a sexual crime and has a mental disability within ten years after the execution of the sentence is completed.

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