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(영문) 창원지방법원 진주지원 2019.10.31 2019고합76
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
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 was a person who operates a private taxi in Gyeong-dong-dong-gun, and the victim C (Grade 2, 26, 26, and 2) was aware of the fact that he was born the victim to his own taxi in 207 by requesting the father of the victim from 207.

The above victim was unable to properly understand the meaning of sexual behavior due to mental disorder and was unable to understand the meaning of sexual behavior with others, so that the defendant was able to commit an indecent act by using that defendant's act in a psychological and physical state is impossible or considerably difficult to resist with others.

1. From June 2017 to June 2017, the Defendant: (a) received a request from the above victim (the age of 24 at that time) to purchase goods in D; (b) brought the victim to the seat of the Defendant in the Hadong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

After having taken the above victim into the room of the defendant, the defendant was off from the clothes of the victim in a situation where he is unable to resist due to mental disorder or lack of ability to cope with it.

As a result, the defendant committed an indecent act against the victim by using his state of difficulty in resisting due to mental disability.

2. On June 9, 2018, the Defendant committed the crime on or around June 9, 2018, at the request of the victim from the above victim (the age of 25 at that time) to F, and moved from the victim's residence in Gyeongnam-dong-gun to the above location, the Defendant laid the victim at the victim's house in the Gyeongnam-dong-dong-gun, and laid the victim's her hand back to the her clothes of the victim who she was seated on the her seat in the cab, laid the her breast by putting the her hand into the her clothes of the victim.

Accordingly, the defendant is the victim.

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