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(영문) 울산지방법원 2012.12.14 2012고합246

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)

Text

Defendant

A Imprisonment with prison labor for five years and for four years, respectively.

As to the Defendants, 120 hours each time is applicable to the Defendants.

Reasons

Criminal facts

1. Defendant A is a person who serves as the working party in G located in Ulsan-gu, Ulsan-gu.

The defendant was willing to commit an indecent act against the victims by taking advantage of the fact that the victim He(s), the victim I(s) of the second degree of intellectual disability(s) who works as an employee in the above workplace, the second degree of intellectual disability(s) of the second degree(s), the second degree(s) of the intellectual disability(s) of the second degree(s) and the third degree(s) intellectual disability(s), the victim J(s) of the third degree(s) of the intellectual disability(s) of the third degree(s) were unable to sufficiently understand the meaning of sexual behavior without a normal accident due to mental disability.

Since May 2, 2010, the Defendant committed an indecent act against the victim by putting his hand into the clothes of the victim I in the above workplace and holding the victim's chest and fluor at the victim's chests.

B. On May 2, 2010, the Defendant committed an indecent act against the victim by taking the victim I into the warehouse at the above workplace on May 2, 2010, by taking the victim’s sexual organ as soon as possible with his own sexual organ into the victim’s entrance, using the victim’s state of failing to resist due to any mental disability.

C. At around 12:00 on May 201, 2010, the Defendant committed an indecent act against the victim by taking advantage of his mental disability that he was in the state of being unable to resist, by kising kiscing the victim J’s kis on the part of the above workplace, exposing her chest and her bel, inserting his finger and her finger with his finger, and her fingers into his clothes

On June 12, 2011, the Defendant, at first 12:00, committed indecent act by force against the victim K (n, 34 years of age) who is an employee at the above workplace, refused to do so and refused to do so.

E. From October 201 to March 22, 2012, the Defendant, at around 15:30 as of the end of 15:30, was engaged in the work of inserting goods into a box with the victim H, extended to 29 times in total, such as the clothes of the person under his/her hand, and the clothes of the person under his/her hand, as shown in Appendix I, as shown in Appendix I.