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(영문) 대전지방법원 홍성지원 2016.02.05 2015고합77
간음유인등
Text

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.

Reasons

Punishment of the crime

[criminal records] On October 29, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Daejeon High Court on February 16, 201, and on September 17, 201, the Defendant completed the execution of the sentence at the Daejeon District Court on September 17, 201.

[Criminal facts]

1. On July 17, 2015, the Defendant found the victim E with the intelligence index 48, social index 45, intellectual disability No. 45, and intellectual disability No. 2 (so, age 31, name 2) that he/she left the house and opened up at the house in the vicinity of D Special Metropolitan City, 12:00 on July 17, 2015, and tried to commit an indecent act or sexual intercourse with the normal person by knowing that the decentralization was different from the normal person.

The Defendant: (a) sent the victim a breath to the near restaurant, and (b) sent the beer to the victim and beer in the above park beer in the view of the victim; (c) laid the kis on his kisc, and laid the kis in the kisc; and (d) kisced the part above the clothes of the victim by hand.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of his mental disability that makes it difficult to resist.

2. The Defendant, in violation of the Act on Special Cases Concerning the Inducement of Sexual Intercourse and the Punishment, etc. of Sexual Crimes (Attempted quasi-rape of the disabled) committed the victim's sexual intercourse at the above date, time, and place, with the aim of committing the sexual intercourse with the victim, was frightening in Seoul by the victim as Seoul Blusium, followed the victim from F located in the Chungcheongnam-gun budget group after the 16:00 on the same day, followed the victim to 102 H female located in Chungcheongnam-gun budget group G around the same day.

The Defendant, around the same day, tried to get off the victim's panty and brode his panty and brode his panty, but did not have a sexual intercourse because he did not have a sexual intercourse.

Accordingly, the defendant had induced the victim for the purpose of sexual intercourse, and attempted to have sexual intercourse with the victim by taking advantage of the situation where it is difficult to resist due to a mental disability.

3. The Defendant of the assault is around July 19, 2015.

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