(영문) 전주지방법원 2014.09.18 2014고합77

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(영문) 전주지방법원 2014.09.18 2014고합77

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of Persons with Disabilities) committed an indecent act against the victim E (the victim E (the victim is 14 years old), who is in intellectual disability with a view to and in mind about the Defendant’s bicycle on the front side of the D Middle School located in the front of the front city of 16:00 on the day immediately following the spring of 2012, by approaching the victim, she took the victim into the Defendant’s house located in the front city of the front city of 14 years old, moving the victim into the Defendant’s house located in the front city of the front city of 14 years old, moving the Defendant’s obscenity, showing obscenity by using a computer, she sleeps the Defendant’s obscenity and smartphone, and she slicks the victim, refusing to refuse to do so, she kids on the victim’s breast and her finger, and forced the victim with a intellectual disability of Grade 3.

2. The Defendant forced the victim to commit an indecent act at the time and place indicated in the preceding paragraph, such as the date and time, and place indicated in the preceding paragraph, and led the victim to intimidation, saying, “I do not talk about her fluent friend. I will tell. I will see that I will fluent fluent fluent fluor. I will am back. I will am fluent with her fluent f. I will am. I will am dead. I will am away.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Statement of the police on the accused, each police interrogation protocol and each protocol of suspect examination of the prosecution;

1. E’s statement in the statement recording CDs;

1. Application of the law to the written statement prepared by the defendant

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and Article 283 (1) of the Criminal Act (the occupation of intimidation and the Selection of Imprisonment);

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제6조 제3항

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