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(영문) 대구지방법원 2018.04.20 2018고합1

성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등

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A defendant shall be punished by imprisonment for three years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Reasons

Criminal facts

On July 28, 2006, the defendant and the person requesting an attachment order (hereinafter referred to as "defendant") were sentenced to a suspended sentence of three years for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc.) at the Daegu District Court on July 28, 2006 and sentenced to a suspended sentence of three years for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof. On September 4, 2007, the same court was sentenced to a punishment of one year and three months for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc.) and the suspended sentence was terminated on August 6, 201.

[ 범죄사실] 피고인은 2017. 10. 6. 03:30 경 경산시 D 원룸 302호에서, 침대에 누워 있던 지적 장애 3 급의 피해자 E( 여, 25세) 의 몸 위에 올라 타 제압한 후 피해자의 상의 안으로 손을 넣어 가슴을 만지고, 피해자의 상의를 올려 피해자의 가슴을 입으로 빤 다음, 피해자의 하의를 벗기려고 하고, 이에 피해 자가 하의를 붙잡고 ‘ 하지 마라, 싫다’ 고 하였음에도, 다리를 피해 자의 다리 위에 올려놓아 움직이지 못하게 한 후 피해자의 하의와 속옷을 벗기려고 하고, 피해자의 엉덩이를 손으로 만지며 피해자의 음부 부위를 입으로 빨고, 피해자의 음부에 손가락을 넣었다.

As a result, the defendant committed an act of inserting fingers into a sexual intercourse against a victim with a mental disability.

[The facts leading up to the request for attachment order] Defendant 1 committed a sexual crime against a person who has a mental disability as above, and committed a sexual crime again within 10 years after the sentence of imprisonment with prison labor for committing a sexual crime and the execution thereof was completed, and the sexual crime was committed on two or more occasions, and thus, there is a risk of recommitting a sexual crime.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Investigation report (victim E.);