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(영문) 서울북부지방법원 2013.10.25 2013고합58

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the defendant is a neighbor living in the same floor as the victim D(Inn, 45 years of age) with mental disorder 2, who is a neighbor living in the same floor as an apartment building, and was willing to rape the victim by using a friendly relationship with

Around 20:00 on October 7, 2012, the Defendant, at the Defendant’s house located in Seoul Special Metropolitan City, Nowon-gu, 301 Dong 1412, had the victim know at the victim’s house, and had the victim know at the victim’s house, had the victim talked with the victim over the victim’s ship, forced the victim’s resistance on the part of the victim, and raped the victim by sexual intercourse once.

On October 8, 2012, between 19:00 to 20:00 on October 8, 2012, the Defendant: (a) told the victim refusing to engage in sexual intercourse at the Defendant’s home as stated in paragraph (1) that “I wish to do so;” and (b) led the victim to sexual intercourse once after suppressing the victim’s resistance.

On October 9, 2012, around 20:30 on October 20, 2012, the Defendant, at the victim’s house located in Seoul Special Metropolitan City, Nowon-gu, 301 Dong 1407, followed by sexual intercourse one time after suppressing the victim’s resistance against the victim, stating that it is necessary to pregnant, and that it would be necessary for the victim to respond to sexual intercourse.

On October 10, 2012, between 11:00 to 12:00 on October 10, 2012, the Defendant found the victim’s house as stated in paragraph (3) that he would give a real contact to the toilet screen, and demanded the victim to engage in sexual intercourse, but the victim threatened the victim with his resistance by threatening the victim to answer his refusal.

At around 20:00 on October 10, 2012, the Defendant sought a sexual relationship between the victim and the victim, but the victim demanded a sexual relationship, but the victim’s refusal to answer his/her complaint, thereby suppressing the victim’s resistance and committing rape once after committing sexual intercourse.

Accordingly, the defendant raped a woman with a mental disability over five times.

Defendant

Although the defendant has a sex relationship with the victim, this is limited to the case where he was dead on the premise of marriage.