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(영문) 대구지방법원 서부지원 2013.05.02 2012고합488

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

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A defendant shall be punished by imprisonment for five years.

The information on the accused shall be disclosed through an information and communications network for seven years.

Reasons

Criminal facts

The facts of the cause of the attachment order [criminal facts] The defendant and the respondent for the attachment order (hereinafter referred to as the "defendants") knew of the victim C and his family members of the victim D, the mentally handicapped persons, were involved in sexual intercourses or indecent acts of the victims by using circumstances where the victims, who were mentally handicapped persons, lack the normal situation judgment ability and response ability.

1. In 201, the Defendant committed a crime against the victim C, at the latest, committed a sexual intercourse with the victim C, with the victim C, with a mental retardation disorder 2, who was sitting on the rear seat in a numberless vehicle on which the Defendant was on board, at the latest, on the road near the Ma-gun, Daegu-gun, 201, at the right time, at the lower time, the victim C, who was on the front seat of the vehicle, called “the breath,” and said C, “the victim’s breath and clothes,” and said, “the victim’s breath and clothes, regardless of what they were related, they

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist due to mental disability.

2. Crimes against victims D;

A. On April 28, 2012, at around 10:30 on April 28, 2012, the Defendant, at the home of the victim D (In other words, 17 years of age) who was suffering from mental retardation disorder in Daegu-gun F, included his hand in the part of the victim’s clothes and met the chest of the victim in the victim’s clothes.

B. On April 28, 2012, the Defendant: (a) on April 28, 2012, the victim, who was accommodated in the elevator of the H Hospital located in Daegu-gu, was able to find a cell phone in the elevator of the H Hospital; (b) the victim, who was accommodated in the dog, was under the influence of

C. On April 28, 2012, the Defendant committed an indecent act by rhyming the victim’s bucks that were seated in the front line while leaving the victim’s house within the Defendant’s vehicle that was returned from the hospital specified in the foregoing paragraph 2(b).

Accordingly, the Defendant committed an indecent act against the victim with mental disability by force over three times.

[Facts constituting the ground for attachment order] The Defendant has committed sexual crimes two or more times as above.