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(영문) 부산지방법원 2014.04.18 2013고합4

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

Defendants shall be punished by imprisonment for four years.

The respective disclosure information about the Defendants is an information and communications network for four years.

Reasons

Punishment of the crime

Victim F(n, 29 years old) is a mentally disabled person of Grade III with intellectual disability.

1. Defendant A

A. On September 21, 2010, the Defendant discovered that, in the Jung-gu, Busan Metropolitan City G shopping district, F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F.,

B. On September 21, 2010, the Defendant: (a) at around 23:00 on September 21, 201, authorized the victim F to drink a coffee containing an incurable drug; and (b) the victim was off the clothes and clothes of the victim who dys off the coffee with the victim’s sexual organ and added the victim’s sexual organ into the victim’s sexual organ to the victim’s sexual organ; and (c) written indictment for sexual intercourse with the victim, taking advantage of the victim’s sexual organ inserted the victim’s sexual organ into the victim’s sexual organ in the victim’s sexual organ, the Defendant stated that: (a) the victim got a coffee containing an incurable drug; (b) the victim hys the victim into the victim; and (c) Defendant B humping the victim’s resistance to the victim; and (d) the victim humping the victim, etc., and (d) humping the victim’s sexual organ.

However, the indictment states that the applicable provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258) and Article 297 of the Criminal Act are "Article 6 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes," and Article 6 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 17, 2011; hereinafter the same) provides that "a person who has sexual intercourse with another or commits indecent act against another person by taking advantage of his/her physical or mental disability that he/she is unable to resist shall be punished under Article 297 or 298 of the Criminal Act."