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(영문) 대구지방법원 의성지원 2013.06.18 2013고합11

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등

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A defendant shall be punished by imprisonment for six years.

The defendant's disclosure of information to the public is seven years through an information and communications network.

Reasons

Punishment of the crime

On December 27, 200, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendants") were sentenced to a suspended sentence of two-year imprisonment for the crime of indecent act by force at the Daegu District Court, and on September 27, 2001, sentenced to a suspended sentence of one year and six-month imprisonment for the crime of rape in the sex support branch of the Daegu District Court on September 27, 2001, and released on October 30, 2004 during the execution of the sentence and terminated the parole period on January 16, 2005.

Criminal facts

The Defendant, as the main body of Chapter D, was the victim E residing in the same village (the age of 52) was a disabled person of Grade III with intellectual disability, with social age of 5 years and 9 months, and intelligence index (the age of 52) was merely 69 and thus falls short of the degree of decentralization. The Defendant was willing to engage in sexual intercourse with the victim with the victim with the awareness that he did not resist even a little threat because he was drinking to the Defendant due to drinking alcohol, found the victim's house and her husband, and her assault was used.

1. From October 13, 201 to December 22, 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape, etc. against Disabled Persons) said, the Defendant, using the gap in which the husband of the victim was hospitalized in the hospital from around October 13, 201 to around the 22th day of the same month, had the victim sexual intercourse once with the victim after threatening the victim to “if you talk to another person, only if you do so.”

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On January 2012, the Defendant: (a) had sexual intercourse once with the victim by taking advantage of the victim’s husband’s creshes where the victim had her husband and drinking at the inside of the victim’s house located in the Gun, the Defendant used the victim’s creshes that “if she talks with another person, she shall not do so only if she talks with another person”; and (b) had sexual intercourse with the victim by threatening the victim’s husband,

(b) Hoscis, 2012.