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(영문) 수원지방법원 여주지원 2015.03.26 2015고합11
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

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

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

Reasons

Punishment of the crime

Defendant

In addition, the victim subject to the attachment order (hereinafter referred to as the "defendant") came to know that the victim was different from the normal person and has a mental disability, while making a conversation several times with the victim C (the victim, who is the disabled in Grade 3) who was aware of the intellectual disability in the course of the introduction of the relationship.

1. The Defendant’s sole criminal conduct, around the spring of 2013, 201, 1 or 618-496 in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, without knowing the name near Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, where he was unable to know, entered into the victim with D, E, F, etc., who is the Defendant’s natives, and sexual intercourse with the victim with D, etc., after having sexual intercourse with D, in mind that “The victim is willing to do so on TV, I want to do so on TV, I want to do so on TV, I want to do so.” The Defendant put the Defendant’s finger on the part of the victim, while she was frighting the victim, she laid the victim’s body, laid the victim’s body, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. At the time of springing 2013, the Defendant, along with G, conspired with G to leave the victim while playing together with the victim, and forced sexual intercourse.

Defendant and G entered one time after the victim was frightened from the room near the Hel in Guro-gu Seoul Metropolitan City, and the Defendant exceeded the clothes of the victim, sent off the victim’s chests to several times by hand, sent the victim’s chests to the victim’s body, opened the victim’s body, was pushed off the victim’s body, and sexual intercourse was committed once after the victim’s sexual intercourse was pushed off by the victim’s hand, and G was sexual intercourse with the victim’s clothes refused by the Defendant’s sexual intercourse with the victim’s hand who terminated his sexual intercourse.

Accordingly, the defendant, in collusion with G, has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer against J and G.

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