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(영문) 울산지방법원 2013.08.30 2013고합118

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

In addition, the applicant for attachment order (hereinafter referred to as the "defendant") is the husband of E who is a member of the Diplomatic Association in Ulsan-gu, Ulsan-gu and the head of the above church, and the victim F (F, 36 years of age) is the sexuality of the above church.

After the victim left middle school after he was suffering from brain species and livers, the defendant was unable to lead a social life at all, the head of the school was remarkably heavy, and there was no exchange between the general public and other persons due to external appearance, such as the lack of a bridge, etc., and the social well-being level of 13 years of age (the level of 10-11 years of communication capacity, the level of 10-11 years of socialization, the level of 11-12 years of movement capacity, the level of 12-14 years of work ability, the level of 12-14 years of work ability, the level of self-management ability, the level of 8-9 years of age). The defendant was willing to engage in sexual intercourse with the victim by using the fact that it was difficult to refuse the defendant's horse because there was no other import as well as the receipt of money from the tree.

At around 15:00 on December 2, 2012, the Defendant: (a) returned home to the above D church, and (b) called “here and ra.” to the victim, who returned home to the said D church, had the victim enter a bathhouse.”

The Defendant: (a) entered a neck room in which the victim was scam and scambling the chest and panty of the victim; (b) laid off the scam and panty of the victim; and (c) laid off the scam in the scambble room above the scambble and panty; and (d) tried to embling the Defendant’s sexual organ into the scam in the scam of the victim; (b) tried to put the victim into the scam in the scam of the victim’s sexual organ, but did not have the Defendant’s sexual organ in the scambscam in the scam of the victim; and (c) failed to achieve

Accordingly, the defendant tried to have sexual intercourse with a victim who has a mental disability by force, but did not have attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Criminal facts;