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(영문) 대구지방법원 포항지원 2014.03.24 2013고합82 (1)

성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant was aware of the victim C(the age of 17) with intellectual disability 46 and 40.87 with intellectual disability 40.87, and the victim was aware of his or her ability to discern things due to mental disability and the victim was not able to commit an indecent act against the victim by using his or her horses, knowing that he or she was easily fright to distinguish things and make an expression of opinion due to mental disability.

1. On April 16, 2013, the Defendant: (a) at the victim’s home room located in Nam-gu D apartment 205, the Defendant: (b) at the victim’s home room located in Nam-gu, Nam-gu; (c) stated that the victim’s “mast male and female her husband and female her husband and female her husband and female her husband and her mother her mother with his/her mother,” she off the clothes of his/her her her her son and her son and her her son and her son and her son and her son and her son and her son and her son and her son and her son and her her son and her son were her son, so the Defendant her her son and her son and her son did not hear the Defendant’s her son and her son and her son were her soned with his her her son and her her her son.

2. On April 20, 2013, the Defendant reported the video on the Defendant’s home located in the Southern-gu, Nam-gu, the second floor of the Fmat, in which both men and women are engaged in sexual intercourse with the victim, and caused the victim to use the Red Sea, thereby allowing the victim to do self-defense by using the mixed Sea, and causing the victim to go off his clothes. However, the victim showed the victim’s attitude of “I must see, I will see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see the victim’s resistance.