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(영문) 수원지방법원 여주지원 2013.08.20 2013고합9

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

Defendant

A Imprisonment with prison labor for nine years and for seven years, respectively.

Sexual assault for 40 hours against the Defendants.

Reasons

Punishment of the crime

Defendants have become aware of the fact that they were neighboring residents in the past.

1. The Defendant: (a) the victim E residing in the same Dong Dongdong located in Gyeonggi-si, Gyeonggi-si; (b) the level of intellectual disability 2-6 years of age and the mental age is considerably weak; (c) the intelligence index is not more than 40 years of age; (d) his age and expression of opinion is rarely weak; (e) the number or time concept is not known; and (e) he can express his opinion by linking only the word with the word more or more; and (e) the victim was a serious intellectual disability who could not easily refuse another person’s request; (b) the victim calls the victim from time to time, and (c) the victim was called “accoming coffee.”

On July 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. against Disabled Persons) called “Acad. at the time of 32 years of age” and called “Acad. at the time of coffee” and demanded the victim to be off the clothes of the victim at the inside and outside of the city of Eccheon-si of Gyeonggi-si, which was rejected by the victim, and thereby the victim was rejected by the victim, the Defendant forced the victim not to resist against the victim by threatening “Ack-si kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn

Accordingly, the defendant has sexual intercourse once with the victim by taking advantage of his mental disability that he is unable to resist.

B. On March 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) and (1) committed sexual intercourse once with the victim by force by inserting his or her sexual organ into the victim’s clothes, which had no choice but to respond to the Defendant’s request with intimidation from the Defendant.