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(영문) 수원지방법원 성남지원 2013.11.05 2013고합103
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

1. The defendant shall be punished by imprisonment for three years;

However, the execution of imprisonment shall be suspended for five years from the date this judgment becomes final and conclusive.

2...

Reasons

Criminal facts

The defendant was known to the victim D (n, 37 years of age) who is the spouse of C and C with intellectual disability 2.

1. The Defendant was aware of the fact that the victim D with intellectual disability 3 has a mental disability, such as falling off the number of intelligence compared to the general public and failing to properly express his/her intent.

On April 20, 2013, at around 08:30 on April 20, 2013, the Defendant: (a) induced the victim to be “I am, I am, or I am to drink”; (b) together with the victim, am to drink and drink at a Chinese restaurant near the E Station located in the Gannam-si, Gannam-si; and (c) am to drink at a dice specialty of the trade name in the name of the non-speak.

On April 20, 2013, around 11:07, the Defendant took the victim into the Gamo 208 room located in the Gamo 208 room located in the Mamo-gu, Mamo-gu, Mamo-gu, Mamo-gu, Mamo-gu, the Defendant: (a) placed the victim on his hand in a bed; (b) laid off the victim from the bed; (c) laid off all clothes stored by the victim; (d) laid off the victim from all the clothes stored by the victim; and (e)

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

2. The Defendant, as mentioned in the preceding paragraph, had sexual intercourse with the victim, followed food and drink with the victim at the I restaurant located in G in the G in the G in the G in Sung-nam-si, G apartment 114 Dong-dong 703, G apartment 114 Dong-dong 703, and got the victim to the defendant's house in the G restaurant in the Y in the Y in the Y in the Yeongnam-gu, Sungnam-nam-si, the Defendant went to the K restaurant in the G in the Y in

On April 20, 2013, around 21:47, the Defendant sent the victim to the Gelto under the preceding paragraph, and thereafter sent the victim “as soon as possible, the Defendant sent the victim her clothes to the Gelto 307 room, she opened the door to the victim, and exceeded the clothes of the victim.”

However, the victim is not off his clothes, and the defendant is placed on the bed by his hand with the shoulder of the victim.

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