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(영문) 대구지방법원 김천지원 2014.09.19 2014고합24
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 100 hours.

Reasons

Punishment of the crime

From February 2013, the Defendant knew of the victim D (Woo, 29 years old, intellectual disability Grade 1) who is a disabled person living in an apartment building like the Defendant through G (Woo, 49 years old, intellectual disability 3 level), and thought that even if there is any danger or injury to the victim who is a person with a serious disability with intelligence falling off, the Defendant could not fight against the victim or talk to the surrounding people, and decided to have a sexual intercourse with the victim by force.

1. Crimes in Busan;

A. On January 2014, the Defendant, who violated the Special Act on the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities), expressed to the victim “C like C, to play in Busan.” On the 25th day of the same month, the victim accepted it, and the victim was driving the train in Kimcheon Station with the victim and the Kimcheon Station with the victim, and was driving the train in Busan Sea, and then was drinking a supper on the 19:00 on the same day, he went to the victim with a view to having no knowledge of the trade name near Busan Shipping Station.

피고인은 위 여관방에서 C에게 맥주를 사오라고 시켜 밖으로 나가게 한 후, 피해자에게 “옷을 벗어라, 벗지 않으면 부산에 두고 혼자 김천으로 간다.”라고 말하고, 옷을 벗지 않으려는 피해자에게 재차 “옷을 벗지 않으면 때려 죽이겠다”라고 협박하며 손을 들어 피해자를 때리려는 시늉을 하여 이에 겁을 먹은 피해자로 하여금 옷을 모두 벗게 하였다.

Since then C returned to the ben, the Defendant also demanded C to the effect that “I will leave clothes, if you do not go off, I will leave the clothes in Busan.” The ben while C and the victim was off with the ben, C was frighting with the ben while C was frighting with the ben, C met with the ben part of the ben part of the ben and the chest part of the ben part of the ben part of the ben part, and “I ma ma”.

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