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(영문) 춘천지방법원 2015.08.25 2015고합58
성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant was aware of the fact that he was disabled victims C(47 years of age, women) of the third degree of intellectual disability who is a father-gu, and the victim was a disabled person with a considerable fall from his intellectual ability and language ability compared to his normal condition while he was aware of the old age.

1. The Defendant: (a) committed sexual intercourse or indecent act with the victim by using the victim’s dynamic and influent response to sexual interaction and the formation of the relationship with this consequence due to the above intellectual disability; (b) 16:00 on the first day of September 2012, 201, when entering the victim’s home in order to put the victim into the victim into the victim’s home in order to give coffee; and (c) at the inside the victim’s home in order to put the victim into the victim’s chest, “one-time defect” means “one-time defect”; and (d) fluent hand by walking in the victim’s inner part and walking in the chest with the chest’s chest, the Defendant continued to put the chest into the panty, and caused the victim to enter the victim’s sexual organ as soon as possible; and (d) fluently put the victim into the victim’s home at the victim’s meeting with his/her hand cream.

Accordingly, the defendant committed an act of putting the victim's fingers into the victim's sexual intercourse by taking advantage of the victim's mental disability to resist.

2. On September 19, 2012, the Defendant: (a) committed sexual intercourse with the victim or indecent act; (b) entered the Defendant’s warehouse located in Hongcheon-gun D on September 19, 2012, with the victim’s face-to-face, left the chest by taking charge of the victim’s face-to-face care; and (c) laid the fingers into the part of the victim’s negative part.

Accordingly, the defendant committed an act of putting the victim's fingers into the victim's sexual intercourse by taking advantage of the victim's mental disability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statements and their stenographic records recorded in the video CDs in the damaged statement; 1.

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