성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
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.
Punishment of the crime
The victim B(the age of 36) is a mentally lower person with mental disability in the middle of grade 3 with intellectual disability. From around 2015 to around February 2017, the defendant was living together with the defendant at the defendant's house located in the defendant's house located in Sam-si D, and thereafter, the victim B (the age of 36) was frequently traveling to the defendant's house while residing in the E apartment F in third time.
The Defendant was aware of the circumstances that the Defendant was unable to properly resist the Defendant’s behavior due to his or her intellectual disorder that he or she was unable to have a decentralization or judgment ability as an adult, lack of awareness about gender, and that the Defendant did not refuse the Defendant’s demand by replacing the Defendant with his or her arms, and that he or she was unable to resist due to his or her behavior due to his or her behavior, such as sound, or his or her incidental organ, while under the influence of alcohol, he or she was able to commit sexual intercourse or indecent act by using these circumstances.
1. On August 2018, 2018, the Defendant: (a) took advantage of the circumstance that the victim was unable to resist the Defendant’s act, she was off the clothes of the victim; (b) taken the victim’s shoulder on his/her part, she laid the victim’s legs on his/her part; and (c) laid the victim’s legs on his/her part; and (d) inserted the victim’s sexual flag into the part of the victim’s sound.
Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.
2. Around November 2018, the Defendant committed the crime, around 3, 2018, at the inside of the victim’s house located in E apartment F, using the circumstance that the victim cannot resist properly the Defendant’s act, the Defendant refers to the victim, who sits in the bend to the bend, with a view to taking advantage of the circumstances that the victim cannot resist the Defendant’s act, and “n't fit the victim’s body.” Around November 2018, the Defendant 2018, she met the victim’s chest with the victim’s chest, she booms the victim’s bridge by putting him/her into the bend of the victim’s clothes.