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(영문) 창원지방법원 진주지원 2013.12.13 2013고합78

성폭력범죄의처벌및피해자보호등에관한법률위반(강간등치상)등

Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Criminal facts

【Criminal Facts】

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (rape-rape, etc. against disabled persons);

A. Around May 200 to June 19, the Defendant and the respondent for the attachment order (hereinafter referred to as the “Defendant”) knew that the victim C(the age of 16) found the Defendant for his father’s care was lower than that of the general public and decided to have sexual intercourse with the victim by using the victim’s intellectual ability, and forced the victim’s arms to take off and drop off the victim’s clothes, and forced the victim to take off the part of the victim’s clothes, and her hands down the victim’s body with his hand, but the victim refused to take the victim’s face, and caused the victim to have his sexual organ immediately sexual intercourse with his sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of his mental disability that he is unable to resist.

B. On January 2010, the Defendant, at around 17:00, at the house of the above victim E (the age of 17 years at that time), was off the clothes of the victim and had sexual intercourse once with the victim, by taking advantage of the victim’s mental disability, who was unable to resist.

2. On October 2012, the Defendant: (a) had sexual intercourse, around 18:00, 18:00 with the intent to have sexual intercourse with the victim, who was going to go to the Hae in the Blue House of Hadong-dong, Hanam, for the purpose of having sexual intercourse with the victim, “the victim was forced to come to go to the Hae at the Hasheeel because Hashe had come to go to go to the Hashee,” by deceiving the victim with intellectual disability; and (b) had sexual intercourse with the Defendant under the following: (c) had the Helel 507, which was laid to the Hashee Park at the Hanyang-si

Accordingly, the defendant inducedd the victim for the purpose of sexual intercourse.

3. The defendant is in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) and above 20:0 on the same day.