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(영문) 광주지방법원 2018.03.16 2017고합576

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

In around 2015, Defendant and the applicant for an order to attach an electronic device (hereinafter “Defendant”) followed the Defendant’s home church located in Gwangju-gu, Gwangju-gu, Gwangju-gu (hereinafter “Defendant”) to commit indecent acts and rape by taking advantage of the following: (a) the victim D (one year old, 14 years old, intellectual disability 3 level) attending the same church as the Defendant’s home entering the same church into the Defendant’s house; and (b) the victim D (one year old, 14 years old, intellectual disability 3 level) who attends the same church into the Defendant’s house; (c) drinking and tobacco; or (d) making a small amount of money to obtain trust from the victims; and (b) the victim’s minor coercion, direction, etc., with the intellectual disability falling short of intelligence than the normal person’s trust;

1. Violation of the Act on the Punishment, etc. of Sexual Crimes;

A. In 2016, the Defendant: (a) called the victim at the Defendant’s house located in Gwangju-dong, Gwangju-gu, 2016, called the victim (at the time 13 years of age); and (b) made the victim enter the Defendant’s house; and (c) took the victim’s right bridge in front of the victim seated in the room, saying, the victim “I d d d d d d d d d d d d d d d d d d d d d d d d d d f d d d d e on the victim’s bridge, and committed an indecent act

B. On March 2017, the Defendant committed a crime at around March 2017, at the same place as (A) around March 2017, 2017, closely adhered to the Defendant’s sexual organ to the negative part of the victim (the age of 13 at that time), and committed an indecent act by hand against the victim, as he was influenced with the victim’s sexual organ.

(c)

On November 2017, the Defendant: (a) sold tobacco to the victim on the second week of November 2, 2017; (b) moved the victim to the vacant lecture room of the F University G4th floor located in Gwangju-gu, Gwangju-gu, and (c) took the victim her seat on the table; (d) took the victim’s two legs, and committed an indecent act against the victim by fasting the victim’s sexual organ into the negative part of the victim.

2. A defendant who violates the Act on the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) shall be around November 19, 2017.