성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
The defendant was a person who works as a home-based engineer from Jeonjin-gu Seoul Metropolitan City as well as the victim E (the 16 years old) who is a female living together with D who works as a subordinate employee at the same workplace as the defendant, and was aware that the victim was a Grade 3 intellectual disability through the above D.
1. On June 8, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as Fraudulent Means by the disabled) committed a meeting with the said D and his/her female living together with the victim, etc. in the middle of the Gojin-jin-gu, Seoul on the following occasions: (a) around 02:00 to 03:00 on June 8, 201; (b) around the same day, the Defendant took a meeting with the said D and his/her female living together with the said victim; (c) on the other hand, the victim took away from his/her own victim’s left hand to put him/her into the Defendant’s panty, put him/her down his/her sexual organ into the Defendant’s panty; and (d) made the victim take the victim’s left hand into the Defendant’s panty in the same way as he/she did so.
Accordingly, the defendant committed an indecent act against the victim with mental disability by force.
2. Around June 8, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes, etc. against the disabled) brought the victim to the front of the residence of the victim (Hudio 308, Judio 308), and entered the victim’s sexual intercourse with his/her intent to have sexual intercourse.
The Defendant reported that the victim operates his cellular phone by leading the victim to the operation of his cell phone, and led the victim to his her panty and panty, and said, “I do not refuse to do so, I do not refuse to do so,” and tried to deviate from the victim’s panty and panty, and restrain the victim’s body, and sexual intercourse with another victim listed above.
Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.
Summary of Evidence
1. Statement by the defendant in court;
1. The statement of a victim recorded in video recording CDs;
1. Stenographic records, recording notes,.