성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
A defendant shall be punished by imprisonment with prison labor for twelve years.
The information on the accused shall be disclosed through an information and communications network for 10 years.
Criminal facts
On January 7, 1998, a defendant and a person subject to an application for an attachment order (hereinafter referred to as "defendant") were sentenced to five years of imprisonment by the Busan High Court for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc., and on January 10, 2007, the Changwon District Court sentenced the defendant to four years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc.) and completed the execution of the sentence on September 19, 201.
【Criminal Facts】
From December 2010, the defendant became aware of C's wife D (n, 39 years of age) through pro-Japanese.
C은 피고인에게 피해자가 지적 장애인임을 귀띔해 주었고, 피고인은 피해자가 지능지수와 사회성숙지수가 49이하로 정상적인 인지능력과 행동에 어려움이 있어 거절의사를 잘 표현하지 못하고 상황 대처능력이 떨어지는 지적 장애 2급의 장애인이라는 점을 알게 되었을 뿐만 아니라 피해자도 피고인에게 이러한 사실을 따로 말해 주어 피고인은 피해자의 장애 상태를 잘 알고 있었다.
In addition, the victim was aware that the victim was a person who committed a criminal offense against the defendant, such as having known him/her that he/she had a criminal record as above, by entering his/her husband.
Accordingly, the defendant has taken advantage of these conditions of the victim to have sexual assaulted the victim.
1. On June 22, 2012, at around 11:25, the Defendant: (a) knew of the fact that the victim was suffering from childcare education at the port, and confirmed that C was sent by telephone to the victim; and (b) indicated the following: (c) the victim’s house in the Chang-si, Jin-si E, who was found to be the victim’s house in the Chang-si, Jin-si, Seoul; (b) the victim got the victim to a G terminal located in F in the Chang-gu, Chang-gu, Busan; and (c) the victim got the victim to the victim.
The defendant is a terminal at a time of the same day.