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(영문) 부산지방법원 2017.10.20 2017고합315

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has been suffering from the victim C (V, 24 years old), together with his father, about twice, and the victim is a person with intellectual disability 41 in intelligence index 41, with the judgment on sexuality.

1. On October 29, 2016, the Defendant: (a) had sexual intercourses with the victim at the play place located in the Geum-gu, Busan, for the purpose of engaging in sexual intercourse with the victim with the foregoing disability; (b) had the victim die in the nearby restaurant; (c) had the victim die at the nearby skin; and (d) had the victim receive the refund; and (e) had the victim go to the Defendant’s residence located in the Geum-gu, Busan; and (e) had the victim do so for the purpose of sexual intercourse.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive means, etc. against the disabled) refers to a person who has been transferred within the Defendant’s residence as stated in paragraph (1) around October 29, 2016 that he/she suffered sexual assault, and whether he/she kis off the victim’s kisk.

That is, I have examined whether or not it (sex relations).

“I ask the victim, hear the victim’s clothes, check the clothes of the victim, check the victim’s clothes, check the victim’s chest, check the victim’s chest, and read the victim’s chest by hand.

will conduct an operation.

“A” refers to “a victim’s kis, kis the refused victim’s kis, lying the victim’s kis on the inner bed, putting the victim’s breasts into the victim’s inner bed, cut off the victim’s panty, and panty, and put the victim’s kis together the victim’s hand.”

“In order to enter the victim’s sexual organ as soon as possible and by force, the Defendant attempted to insert the victim’s sexual organ into the victim’s negative organ, but did not go into the victim’s negative organ and did not go into the victim’s criminal attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by C contained in each video CD;

1. Recording records of the statement made to C;

1. Welfare card, internal investigation report, medical certificate, actual survey report, diagnosis certificate for victims with disabilities, certificate for disabled persons, disability ratings decision, and each investigation report (netly 18,24).