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(영문) 대구지방법원 의성지원 2015.03.24 2015고합1

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[Criminal Power] On March 27, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Suwon District Court, and two years of suspended execution for six months of imprisonment with prison labor, and the same year.

4.3. The above judgment was finalized.

【Criminal Facts】

The defendant became aware of the victim C (the 21 years of age at the time) through the introduction of friendship, and became fully satisfied several times.

The Defendant, while dialogueing with the victim, experienced the difference between the victim and the normal person, asked the victim to “whether the victim has a disability”, and asked the victim to answer that “I am a Grade III intellectual disability.”

1. The Defendant and D, together with D, conspired with D to have a sexual intercourse by force while playing together with the victim in spring or in the summer of 2013.

Accordingly, the Defendant and D had sexual intercourse once by inserting the clothes of the victim, which the Defendant was off and attempted to do so from the room in the Felur’s in the vicinity of Guro-gu Seoul, Seoul, with the victim’s sexual intercourse, even though the Defendant stated that “I am Ma.” from the victim, “I am Ma.” and inserted the sexual organ into the victim’s sexual organ in the victim’s sexual organ.

After diving, the Defendant, in spite of his refusal to do so by the victim, forcedly set off the clothes of the victim, inserted the Defendant’s sexual organ into the victim’s sexual organ into the victim’s sexual organ, and D reported TV next to it.

Accordingly, the defendant and D have sexual intercourse with the victim who has a mental disability by conspiracy and force.

2. The Defendant’s single criminal defendant, when communicating with the victim through spring or inn, 2013, was called “to Blusium,” and the victim refused to leave the victim in the lusium, with the victim’s “I am in the lusium.” In the lusium, the Defendant was the victim to the lusium near the lusium, and the victim was the victim to the lusium near the lusium.”