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(영문) 대전지방법원 천안지원 2013.12.18 2013고합146

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)

Text

A defendant shall be punished by imprisonment for three years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Punishment of the crime

Defendant

In addition, around January 2013, the respondent of the attachment order (hereinafter referred to as the "defendant") became aware of the victim D (the age of 21) who has a mental disorder such as intellectual disability 3 and mental fission, through Internet hosting site C, etc.

피고인은 피해자가 정신적인 장애로 인하여 성적 자기결정권을 행사하기 어려운 점을 이용하여 자신의 집으로 유인하여 간음하거나 추행하기로 마음먹고, 2013. 1. 3. 21:35경 C으로 피해자에게 ‘ 야 너가 말도 없이 걍 나가버려서 쪽지 남긴다, 너가 오면 재미있게 놀자 그나저나 어떻게 만원도 없을 수가 있니 언제 올꺼니 암튼 너가 오면 재미나게 놀자 알겠지^^’ 라는 등 쪽지를 수십 회 보내는 방법으로 피해자를 유혹하여 정신적인 장애가 있는 피해자가 자신의 주거지인 천안시 서북구 E빌딩 304호로 오도록 하였다.

1. At around 22:00 on January 18, 2013, the Defendant: (a) informed of the fact that the victim’s horse dose is divided into the victim’s residence; and (b) the victim’s behavior is well-grounded in the outer view; (c) induced the victim to engage in sexual intercourse once by inserting the victim’s sexual organ into the victim’s negative organ; and (d) continued to engage in sexual intercourse in the same manner around 05:00 on January 19, 2013.

2. On February 4, 2013, around 23:30, at the same place as indicated in paragraph (1) on February 4, 2013, the Defendant: (a) informed of the fact that the victim’s horse speculation is divided into two parts; (b) the victim’s behavior is well-grounded; (c) enticed the victim as above; and (d) led the victim to an indecent act by compulsion by force by force, with the victim’s conspiracy and joint-use plane at that place.

3. The Defendant, at the same time and place as above 2.2. As seen in the above, even if he was aware that the victim’s horses are divided into a victim’s horse, and that the victim’s behavior is well-grounded and thus a intellectual disability exists, attracts the victim as above, and inserting the victim’s sexual organ into the victim’s sound book.