성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Defendant
A Imprisonment for three years, Defendant B and C shall be punished by imprisonment for two years and six months, respectively.
except that from the date of this judgment.
[criminal power] On January 29, 2016, Defendant A was sentenced to three years of suspended sentence of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compreting with Persons with Disabilities) at the Gwangju District Court, and this judgment became final and conclusive on June 3, 2016.
【Criminal Facts】
Defendant
A became aware of the victim F(17 years of age at present) of intellectual disability 2 in around 2014 through the victim's speech.
Defendant
A and A meta with G, H, Defendant B, and Defendant C, who are friendly to have sexual intercourses with the above victim, and Defendant A, using the fact that the victim was unable to properly refuse the decision-making ability due to intellectual disorder, and allowing them to have sexual intercourses with the victim even by using the fact that the victim was unable to properly refuse the decision-making ability.
1. Defendant A and G, and H (each case forwarded to the Juvenile Department of the Gwangju Family Court on October 27, 2016) by force: (a) around 19:00 as of the date of December 2014, Defendant A sent a phone call to G from the vicinity of the Gwangju Northern District, and “I am going to our house because I am like Ha,” and Defendant A sent a phone to the said victim (the age of 14 years at that time) to “I am to our house.”
Accordingly, Defendant A, along with G and H, went to the above I apartment 104 7th floor stairs, and the victim has been also.
Defendant
A said, G and H referred to as “I Ha, a person who does so,” and G and H referred to as “I Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha, Ha Ha Ha Ha Ha Ha Ha Ha Has
그리고나서 피고인 A는 피해자에게 “쟤들과도 성관계를 해야 한다”고 말을 하였고, 계속하여 G, H도 순서대로 7층과 8층 계단 사이로 가서 피해자가 싫다고 함에도 피해자의 음부에 자신들의 성기를 삽입하였다.
Accordingly, the defendant A, in collusion with G and H, exercises the power of the victim with a disability.