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(영문) 수원지방법원 성남지원 2016.08.18 2016고합27

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)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

The Defendant, at “F division” located in Sungnam-si E, performed the Defendant’s work to move kidne patients from home to hospital using G Costasch Rexroth to the hospital.

A person who, alone, is a person with visual disability 4, kidney disability 1, 3rd degree disability, intellectual disability 3rd degree disability, who, from August 10, 2010 to November 16, 2012, and from June 3, 2014 to June 3, 201, is being kiddy by the above hospital 2-3rd degree, respectively.

The Defendant, using the foregoing that the victimized person was a person with multiple disabilities, had been willing to have sexual intercourse with or commit an indecent act against the victimized person.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. against the disabled) committed sexual intercourse once by inserting the victim’s sexual organ into the parking lot of K apartment in which the victim living in the J of Sungnam-gu in the Sungnam-si in the Sungnam-si, and by inserting the victim’s name after the kiding of the kid, as soon as the victim was married on the said kidles, cutting the victim’s name into the upper part, cutting the kid, making the kid, inserting the kid, inserting the kid, inserting the finger into the sexual organ of the damaged person’s sexual organ, and inserting the victim’s sexual organ into the sexual organ of the victimized person.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's physical and mental disability.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes, etc. against the disabled) committed sexual intercourse once by inserting his/her finger in the victim’s sexual organ into the victim’s sexual organ, where the Defendant was parked on a road parking on a road not exceeding the water zone in Yongsan-si among around October 2012 to around November 16 of the same year. After the kiding, the Defendant had sexual intercourse once by inserting his/her finger in the victim’s sexual organ during the victim’s sexual organ.

Accordingly, the defendant is physically and mentally disabled by force.