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(영문) 청주지방법원 2012.08.24 2012고합91

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)

Text

Defendants shall be punished by imprisonment for seven years.

The Defendants shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On May 201, Defendant A, while serving as a security guard of H apartment in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the victim I (the 15-year-old age), who was frequently in the play room, was merely a Grade 2 with intellectual disability caused by mental retardation, and thus, the social age at the time was 4.9 years old, so he was aware that there was a mental disability, such as significantly falling recognition ability or judgment ability, and tried to have sexual intercourse with the victim by using such state.

On 2011, the Defendant, at the above apartment guard room, proposed the J, who is the birthee of the victim, to give money to the victim, and let the J mistake the victim into the above guard room.

The Defendant carried the victim, who was in the above guard room, carried the victim into the toilet inside the above guard room, laid off the victim a ste with the right of the victim and panty, and steping the victim into the victim’s resistance, thereby committing an indecent act once by inserting the victim into the victim’s resistance.

B. On September 201, 201, the Defendant made the victim enter the above guard room in the same manner as that of paragraph (a), followed the victim into the toilet in the above guard room, putting the victim back to a slope, cut off the victim up to the right of the victim’s lower and panty, and added the victim’s sexual organ into the victim’s resistance, thereby committing an indecent act once by inserting it into the victim’s resistance.

Accordingly, the Defendant committed an indecent act on the part of the victim with his mental disability that the victim was unable to resist.

2. From around 2001, Defendant B, who was aware of the victim I (the age of 15), had been aware of the victim I (the age of 15) and had a mental disability, such as the victim’s intellectual disability Grade II due to mental retardation was merely 4.9 years old at the time of the physical disability, and thus, he was aware that there was a serious fall in recognition ability or judgment ability, and was able to have sexual intercourse with the victim

The Defendant, at around 13:00 on the date of 2011, knew that the victim was married within the lower limit of the lower limit of the lower limit of 13:00, the lower limit of the lower limit of the lower limit of 13:00.