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(영문) 인천지방법원 2015.09.11 2015고합261

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

A defendant shall be punished by imprisonment for four years.

Seized gallon lusium6 (lue color, No. 1) shall be confiscated.

For the defendant.

Reasons

Punishment of the crime

around October 2014, the Defendant: (a) knew that the victim D (the age of 18) who became aware of a mobile phone anonymous marization of “C” (hereinafter “C”) is over 65 years of total intelligence; and (b) there is a intellectual development disorder, and used it to commit rape, indecent act by compulsion, etc., with the knowledge that the victim D (the age of 18) has weak ability to discern things and to express opinions.

1. Around November 15, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) and forced the Defendant to take the victim’s balone photograph, such as the chest and the balone photo taken by the victim, by investigating the victim’s balooox, etc. through a cell phone, Kakaoooox, etc., and making a false statement to the victim that “I would take the victim’s balone photograph, who is a police officer, and who is threatening to spread the victim’s balone photo on the Internet, etc., and then requested the victim’s balone photograph, such as the photograph possessed by the former male-friendly body, and received the transmission,

If a person refuses to comply with a request to photograph and send a dynamic image, he/she shall not investigate the sex of the victim, and shall have the victim take and transmit the body photo of the victim already received on the Internet, and have the victim fluened to do a non-obligatory act by having the victim take and transmit the body photo of the victim 45 and the like image, and make the victim do so, and continuously the victim “as the situation in which us reports the above photograph and the like image,” send the Defendant’s sexual photograph to the victim, and “I want to drink” sent the Defendant’s sexual picture to the victim, so as to arouse or satisfy his/her sexual desire, such as sending the word, writing, image, etc. that may cause sexual humiliation or aversion through a cell phone, in order to arouse or satisfy the sexual desire.

2. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) shall be Incheon around 14:00 on November 29, 2014.