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(영문) 부산지방법원 2017.10.13 2017고합271
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is that Defendant A was in charge of cleaning at the F Disabled Welfare Center in Busan E with the disabilities of class 3, such as class 4 and class 5 of the speech disorder, and Defendant B was in charge of the same disabled welfare center as the disabilities of class 3 of the intellectual disability.

Defendants became aware of each victim G (or 25 years old) while attending the above F disabled welfare center in 2016, and they were well-known to men who were not well aware of such women.

As a person with severe disabilities of class 2 of intellectual disability such as horses, he was aware that the ability to discern things and make decisions are weak, and was willing to have sexual intercourse with the victim using the state of such victim.

A. Defendant A1) On October 2016, 2016, the Defendant had sexual intercourse with the victim by inserting his or her sexual organ into the victim’s body and inserting his or her sexual organ into the victim’s body and inserting him or her sexual organ into the victim’s body.

2) On the same day as the above-mentioned A-1, the Defendant: (a) placed the victim under Busan H apartment, Busan H apartment, 5.502, the Defendant’s residence; (b) placed the victim on the floor; (c) placed the victim on the floor; and (d) placed the victim on his sexual organ into his own sexual organ on the part of the victim, thereby having the victim engage in sexual intercourse with the victim by using his sexual organ in a state of impossibility of resistance due to mental disorder.

3) On October 15, 2016, the Defendant exceeded the victim’s clothes from Busan H apartment and 502 Dong 502 around October 15, 2016, and caused the victim to talk with the sound of the victim, and caused the victim to be placed on the floor, and had the victim have sexual intercourse with the victim by inserting his sexual organ into his own sexual organ on the part of the victim’s quality and inserting it into the victim’s sexual organ into the victim’s physical condition.

B. Defendant B (1) The Defendant was off the part of the victim’s body on the second floor of a male toilet in Busan around 2016, with the F disabled welfare center for the victim’s second floor.

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