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(영문) 전주지방법원 정읍지원 2014.07.02 2014고합10

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)

Text

The imprisonment with prison labor for the accused shall be two and a half years and six months.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 28, 2013, at around 14:25, the Defendant: (a) expressed that the victim F, who is a disabled person of Grade II with mental illness, (b) requested the Defendant to do so; (c) refused to do so; (d) the Defendant’s refusal to do so; and (e) had the intent to commit indecent acts and sexual intercourse with the victim by using the victim’s falling of the victim’s ability to depare.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On November 28, 2013, at around 14:35, the Defendant approaching the victim, who is going to the stairs of the 2nd E above, saying, “I ambi, I ambi,” and accessed the victim, who dambts the cigarette at the victim, who flicked the cigarette, and flished the victim’s chest as the victim’s chest.

The Defendant committed an indecent act against the victim with mental disability by force.

B. On November 28, 2013, the Defendant was above the Defendant around 14:55.

As described in paragraph (1), the victim's chest was only the victim's chest, but the victim was able to commit an indecent act continuously against the victim who did not resist any resistance, and the victim stated that "I am to the front Eup because I want to am to am......................" The victim believed this to go to the G cross-city bus, and then I am to the front Eup, and then I am to go on the victim's clothes to the right side of the victim's clothes.

The Defendant committed an indecent act against the victim with mental disability by force.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On November 28, 2013, the Defendant: (a) arrived at the I located in Ha at regular Eup/Myeon on November 16:20, 2013; (b) shown the Victim’s Mano Video by “Jnn” 201, which was located in his/her place; (c) putting the Victim’s her hand into the victim’s inner part; (d) met the Victim’s chest; and (e) let the Victim go off his/her panty and panty; and (e) let the Victim go off his/her her her her her her her her her b