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(영문) 서울남부지방법원 2017.12.01 2017고합116

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The defendant was a person who resides in Guro-gu Seoul Metropolitan Government and 102, and the defendant became aware of the victim D (W, 50 years old) who is a person with a 3rd degree disability, who is a third degree disability with the brain disability, with the right arms and the right legs, depending on the stick.

The defendant, on October 2016, 2016, tried to assist the victim in collecting the victim's life and collecting the victim's life.

There has been an exchange of contact information with each other, and around that time, the victim requested the victim to find a defective gender relationship, but did not reach the gender relationship due to the victim's refusal.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to deceptive means, etc. against the disabled persons) and intrusion on residence;

A. On November 2016, 2016, the Defendant: (a) 20:00 early November 201, 2016, when the victim was in front of the victim’s house in Guro-gu Seoul Metropolitan City, the Defendant entered the victim’s house through another gate, without correcting the gate.

Therefore, even though the victim entered the place of play as “Blara”, the defendant sits on the inside floor of the inside room, and then embe off the clothes to the victim.

“The victim demanded to do so, and even though the victim did not want and refused to do so, the victim’s clothes were blicked in two hands, and blicked the victim’s clothes, and blicked the victim’s clothes to the floor, and blicked the victim’s clothes into the part of the victim’s body.

Accordingly, the defendant invadedd the victim's residence and has sexual intercourse with the victim who has a physical disability by force.

B. The Defendant committed a crime in November 201, 2016, when around 20:00, around November 201, 2016, invaded upon the victim’s residence in the manner described in the foregoing A, and in the manner described in the same paragraph, following the Defendant’s intrusion upon the victim’s residence. Even though the victim was called B, it is difficult to carry the victim’s clothes on the her hand due to the victim’s physical paralysis.