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(영문) 제주지방법원 2019.05.16 2018고합213

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant had been living in the same village from about 20 years to about 20 years from the father D of the victim B (a person, a woman, and a C). The victim is a person with a intellectual disability of the third degree.

The Defendant, while working together with his father and the father of the victim for not less than 10 years, died in the same Dong and exchanged, and around April 15, 2014, when the victim’s intellectual disability rating was changed to Grades II through III, the Defendant was well aware that he was a person with intellectual disability, such as livering the victim’s father, and around March 201, the victim was aware that he had symptoms, such as livering the victim. On the other hand, around March 201, the Defendant had a director of the victim’s family in his family, followed the victim’s house from time to time, followed the victim’s house, followed the victim’s house to have a coffee, and was able to have sexual intercourse with the victim with the awareness that the victim was unable to resist easily due to disability.

1. From January 2015 to July 201 of the same year, the Defendant: (a) sought the father of the victim at the victim’s house located in Jeju-si, Jeju-si; and (b) sought coffee from the victim; and (c) did not return to the house even though family members, such as the father of the victim, were locked; (d) he left the house at a place where the victim and the victim wanted to grow south, and opened the Defendant’s frighter by going back to the victim; (c) opened the Defendant’s frighter and panty; (d) brought the Defendant’s sexual flag under the victim’s fright and panty; and (e) went back to the wind of the other frighter who was locked from the side by the victim.

Accordingly, the Defendant committed an indecent act by force against a child or juvenile with mental disability as above.

2. The Defendant, from January 2015 to June 2015, at the same time, has a gap in the victim’s house by having family members live together at the above victim’s house.