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(영문) 수원지방법원 성남지원 2014.08.21 2014고합43

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

A defendant shall be punished by imprisonment for three years.

The information on the accused shall be disclosed through an information and communications network for five years.

Reasons

Criminal facts

In light of the fact that the defendant and the person subject to the request for the attachment order (hereinafter referred to as the "defendants") made in December 25, 2012, the defendant and the person subject to the request for the attachment order (hereinafter referred to as the "defendants") knew that the victim D (hereinafter referred to as the "victim D, 18 years old, intellectual disability Grade 2) located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul (hereinafter referred to as the "victim 18 years old, intellectual disability 2 level), the victim found the passage of the victim, and the victim knew that the victim was suffering from the words such as "Icrier, Icri, I would like to cause booming," and that the victim was mentally disabled.

피고인은 피해자를 데리고 같은 동에 있는 피고인의 어머니 E 운영의 식당에 들렀다 나온 후 피해자에게 “내가 집에서 먹을 것을 챙겨줄 테니 같이 가자, 집에 가서 영화 한 편 보자.”는 등의 말을 하면서 피해자를 데리고 같은 날 06:30경부터 09:00경까지 사이에 성남시 중원구 F 소재 단독주택에 이르러 갑자기 피해자에게 입을 맞추고 계단을 통하여 단독주택 2층 피고인의 방까지 피해자를 데리고 들어간 후 방문을 잠궜다.

The Defendant continued to show the dynamic image of the sexual intercourse with the body of male and female in the street north in that place and tried to have sexual intercourse with the victim by force of the Defendant’s sexual organ on the part of the female. The Defendant refused or attempted to leave it. The Defendant stated that “I would like to leave the body of the victim as to why I would like to go, I would like to go, I would like to go back, I would like to go out of the body of the victim, and then I would like to have sexual intercourse with the victim by force of force of the Defendant’s sexual organ.

However, the intention was not achieved because it did not occur, and the attempt was not achieved.

[Cause of Request for Attachment] The Defendant committed a sexual crime against a victim with a mental disability like a criminal offense, and committed a sexual crime again.