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(영문) 대전지방법원 2019.08.30 2019고합135
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for eight years.

For the accused, child-related institutions, etc., children-related institutions, and children-related institutions.

Reasons

Criminal facts

The facts of the cause of the request for attachment order [criminal facts] The defendant is the only part of the victim B (the female, the age of 15), and the victim B is the disabled of Grade III with intellectual disability.

The Defendant observed a series of domestic violence against the mother of the victim B, thereby leaving the Defendant, and was unable to exercise his sexual self-determination by failing to know the meaning of sexual intercourses due to the above disability, etc. In order to rape the victim using the fact that he did not resist the Defendant’s behavior.

1. Around May 2017, the Defendant: (a) around May 2017, at the residence of the Defendant in Seo-gu Daejeon, Seo-gu, Daejeon; and (b) around May 2017, the Defendant reported that the Victim (at the time, 13 years old) entered the victim’s mother and her mother, together with her mother and her mother; and (c) went to the victim.

The Defendant got off the victim’s panty and panty to open the victim’s panty, and followed by inserting his her panty and inserting his panty into the part of the other victim’s panty, and rape once by inserting his panty into the part of the other victim’s panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental disability such as impossibility to resist.

2. Crimes committed on around 2018;

A. On March 1 to 9, 2018, the Defendant: (a) entered the Defendant’s residence, such as the foregoing paragraph (1) on March 1 to September 2018; (b) entered the room of the victim who was diving (the 14-15 years old at the time).

The Defendant got off the victim’s panty and panty to open the victim’s panty, and followed by inserting his her panty and inserting his panty into the part of the other victim’s panty, and rape once by inserting his panty into the part of the other victim’s panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental disability such as impossibility to resist.

B. After one to two months have elapsed from the crime of the above paragraph (1), the Defendant committed the crime of temporary appropriation.

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