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(영문) 창원지방법원 마산지원 2020.04.10 2019고합101

성폭력범죄의처벌등에관한특례법위반(장애인준강간)등

Text

A defendant shall be punished by imprisonment for five years.

Disclosure and notification of information on the accused for five years.

For the defendant.

Reasons

Criminal facts

The defendant and the person subject to a request for attachment order (hereinafter referred to as the "defendant") are persons living on the second floor of the building B in the Haban-gun, the second floor of the building B, and the victim C (the victim, the third and third years old) is persons with disabilities of class 3 of intellectual disability and reside on the first floor of the building.

【Criminal Facts】

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

A. At spring around 2018, the Defendant: (a) stated that the victim, who is frighten on the rooftop of the above building, called “the victim’s fright-to-face fright-to-face fright-to-face fright-on; (b) exceeded the victim’s clothes; and (c) laid off the victim’s clothes; and (d) inserted the victim’s sexual organ into

B. Around June 29, 2019, the Defendant inserted the Defendant’s sexual organ into the part of the victim’s sound, which reads “30,000 won” to the victim who takes a bath in the public washing room located on the first floor of the building.

Accordingly, the defendant has sexual intercourse with a victim who is unable to resist or has difficulty in resisting due to mental disability.

2. Around June 18, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (quasi-similar act with a disability) exceeded the clothes of the victim who refuses to refuse to refuse to refuse to do so from a public washing room located on the first floor of the above building, and inserted the Defendant’s sexual organ into the victim’s resistance.

Accordingly, the Defendant committed similar rape to the victim who is unable to resist or has difficulty in resisting due to mental disability.

3. Around June 27, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) said that the victim’s residence on the second floor of the above building “the victim was frighting to fright and fright to death,” and exceeded the clothes of the victim, and frighted the victim’s chest by entering the victim.

Accordingly, the defendant committed an indecent act against the victim who is unable to resist or has difficulty in resisting due to mental disability.

The cause of the request for an attachment order and its recidivism.