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(영문) 대전지방법원 2018.11.22 2018고합334

성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim B (n, 23 years old) are pro-friendly and pro-Japanese, and the victim is a person with a disability of class 2 in intellectual disability.

The Defendant was from May 201 to the same police officer on May 2017.

8. When the Defendant and the victim remain at a hospital, such as her mother was hospitalized in a hospital to nurse her father, her mother was living in a hospital, etc., her mother was willing to commit an act of similarity with the victim or commit an indecent act by taking advantage of the fact that the victim with mental disorder cannot resist himself/herself, by taking care of the life of the victim, making preparations about her speech and behavior, or taking punishment.

1. From May 2017, a defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act committed by force against a disabled person) is a police officer;

8.In the dwelling of the defendant in Daejeon-gu Daejeon-gu, Daejeon-gu, the injured person has a sense of food to the son in the well-being of his head.

The term “for the reason that he said that he said that he was the victim, who was punished for the reason that he was the victim, met the sexual organ up to the time the victim was forced to escape the punishment of “the victim”. “The victim said that he was the victim, who caused the victim to salute the sexual organ by hand, salute the sexual organ, or to salute the male self-defense tool by hand, and became the victim’s chest by hand.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of his mental disability which makes it difficult to resist.

2. From May 2017, a defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the similarity of disability).

8. On the floor of the Defendant’s residence, as described in paragraph 1, at the end of that day, the victim’s behavior would be left to another family if he does not come to his own horse, and then he she was seated and dried to the victim.

“.............. inserting a sexual organ into the victim’s port.”

Accordingly, the defendant is in a difficult situation due to mental disability.