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(영문) 인천지방법원 부천지원 2019.02.20 2018고합165
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for eight years.

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

Reasons

Criminal intent room (2018 Gohap165) The defendant is the victim B (the family name, the son, May 1994)'s B, and the victim is a person with a intellectual disability of 4.4 years of developmental age and 30 years of intelligence index.

The defendant was aware that the victim had a considerable degree of ability to judge, decision-making ability, and response ability due to intellectual disability, and used it to have sexual intercourse and indecent act by force.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On January 2012, the Defendant: (a) 2012, around spring, 2012, placed the victim’s body in a cleaning room and placed the victim’s body in a bend; and (b) took advantage of the victim’s leg in a situation where it cannot resist due to intellectual disorder, and had sexual intercourse once by inserting the victim’s sexual organ into a negative part.

B. Around 2015, the Defendant committed the crime of A around 2015, 2015: (a) taken the victim’s bath in the Defendant’s residence located in Seocheon-si, B around 2015, and putting the victim out on the bed; (b) took the victim’s bridge inside the bed; and (c) took advantage of the victim’s situation where the victim could not resist due to intellectual disorder, and had sexual intercourse once by inserting the Defendant’s sexual organ into the negative part.

C. On February 2015, the Defendant had sexual intercourse with the Defendant by inserting a shower with the Defendant at the cross-surbing telecom in the front-dong, Hongcheon-si, 2015, and putting the victim on the bed, taking advantage of the fact that the victim could not resist due to intellectual disorder, and putting the victim’s sexual organ into the bed and inserting the Defendant’s sexual organ into one time after putting the Defendant’s sexual organ into the bed.

Around February 2016, the Defendant, around February 2016, 2016, put a shower with the victim and put the victim on a shower at the telecom with the victim in the middle-distance radius near the Macheon-si, Seocheon-si. The Defendant used that the victim was in a situation where he could not resist due to intellectual disorder.

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