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(영문) 대구지방법원 김천지원 2017.11.07 2017고합48

성폭력범죄의처벌등에관한특례법위반(장애인준강간)등

Text

The punishment of the accused shall be seven years of imprisonment.

The defendant shall complete a program for the treatment of sexual assault for 120 hours.

Reasons

Criminal facts

Defendant

In addition, from around 2008, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") started de facto marital relationship with D, the mother of the victim C (the birth in 1985) and resided together with the victim.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against the disabled) was in a state where the victim is unable to resist even if the defendant commits an indecent act against the victim, since she has a lack of social and basic learning ability and has a lack of judgment compared with the general public.

On September 2012, the Defendant committed an indecent act against the victim by making it impossible for the victim to take care of the victim to take care of the victim's boom at the small room of the defendant in Gumi-si, Sinsi, Sinsi, 15:00 on September 2012, 201, and by inserting his hand into the victim's clothes, thereby making the victim take care of his hand into the victim's boom, thereby making it impossible for the victim to resist due to mental disorder.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compact between persons with disabilities, etc.) the Defendant imprisoned the victim, or “humbling the victim with confidential information to the humma and humma, with the death of the ground, and with the death of the victim, and with the death of the victim.

The phrase, “,” etc., in order to have sexual intercourse with the victim so that the victim may not refuse it.

A. On August 1, 2015, the Defendant, at around 18:00 on August 1, 2015, at the trade inf near the north-gu, north-gu, and at the victim’s body, snicking in collusion with the Defendant, was placed in a cleaning agent, and the victim who completed showering her body gets out of the body of the body of the body of the victim, was placed on the bed on the bed on the bed and left the bed on the bed on the bed, and was inserted into the part of the victim’s sound, thereby having sexual intercourse with the victim of mental disorder by force

B. On May 2016, the Defendant moved the victim to G parking lot in the Gu-Si, Gu-si, while taking a driving training at around 21:00, the date of May 2016, and she was on board the victim to the chief lighting, while taking a driving training at 130 vehicles at that place.