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(영문) 수원지방법원 안산지원 2014.05.19 2013고합389

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

1. The defendant shall be punished by imprisonment for three years;

2. The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

1. The Defendant and the person subject to a request for an attachment order (hereinafter referred to as the “Defendant”) around 00:30 around May 201, 2013, when drinking alcohol in the “E” restaurant located in Ansan-gu, Ansan-si (hereinafter referred to as the “instant restaurant”), the Defendant and the person subject to a request for an attachment order (hereinafter referred to as the “Defendant”) reported that the instant restaurant’s drinking together with F, the proprietor of the said restaurant, would go to the toilet, and that the victim G (V, 41 years old) of intellectual disability 6, and the victim G (V, 41 years old) of intellectual disability 3, who was drinking together with F, the proprietor of the said restaurant, and followed the victim’s breast by raising the victim’s name.

Accordingly, the defendant committed indecent acts against the victim who has a physical or mental disability due to assault.

2. At the same time, the Defendant: (a) reported that the said victim goes to the residence of the victim located in Annsan-si, Ansan-si; (b) followed by the victim when entering the house; and (c) entered the victim following his entrance into the house; (d) was forced to be lying on the bed, off the bed, off the breast, off the clothes; and (e) was frightly off the breast by inserting his sexual organ into the part of the female; and (e) had sexual intercourse with the victim by inserting his sexual organ on the part of the female.

Accordingly, the defendant has sexual intercourse with the victim who has a physical or mental disability by force.

3. Around 23:00 on May 26, 2013, the Defendant: (a) reported that the said victim was drinking alcohol in the instant restaurant; (b) followed the said victim’s entry and drinking drinking to a toilet; (c) made the victim go in front of the toilet, and again put the victim a sponsor; and (d) tried to have sexual intercourse with the victim by inserting the victim’s lower and panty, and inserting his sexual organ into the part of the female; and (c) did not have been able to engage in sexual intercourse with the victim by inserting his or her sexual organ into the part of the toilet.

Accordingly, the defendant attempted to have sexual intercourse with the victim who has a physical or mental disability by force.

Summary of Evidence

1. The defendant's partial statement in the third protocol of trial;

2. Each prosecutor's protocol of examination of the accused;

3.Each.