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(영문) 부산지방법원 2018.12.07 2018고합415

성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Around 01:00 on September 7, 2018, the Defendant: (a) discovered “C” located in Seo-gu Busan, Seo-gu, Busan; (b) told the victim D(31) with intellectual disability 2; and (c) took the victim into his/her place in his/her place, using the fact that he/she had weak ability to distinguish things and make decisions as a intellectual disabled person; and (d) took the victim’s place in his/her place, using the fact that he/she has weak ability to distinguish things and ability to make decisions.

At around 04:00 on the same day, the Defendant had inducedd the victim for the purpose of moving the victim and having sexual intercourse with his parents who were left abandoned after the death of the Defendant.

2. The Defendant, at around 03:00 on the same day, assaulted the victim on the road, “Yando Bridge” located in the Southern-gu Busan Metropolitan City on the ground that the victim spaws and does not go as soon as possible, and on the floor of his son and son, he was able to boom the victim when her can boom the victim.

3. The defendant in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of similarity with persons with disabilities) shall enter the victim's residence in Busan Young-gu, Busan Metropolitan City on the same day with the domicile of the defendant, and scam off and scam off his/her clothes at several times and scambling the victim's resistance without any reason, and after suppressing the victim's resistance, "one defect", and he/she shall be off his/her clothes from all of his/her clothes on the same day.

In other words, the victim made the victim as soon as possible and inserted the victim's sexual organ into the victim's resistance, and made the victim quickly fluencing the victim's sexual organ, and fluencing the victim's sexual organ by hand.

As a result, the defendant assaulted the victim who is a class 2 disabled person with intellectual disability to suppress the victim's resistance, and then added the victim's sexual organ to the victim's resistance.

4. The defendant, at around 07:00 on the same day, committed an act of similarity with the victim at the same place as above 3. Paragraph 3. on the same day, and then suffered damage.