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(영문) 서울북부지방법원 2018.11.09 2017고합421
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of three years.

However, as to Defendant A, this shall not apply.

Reasons

Criminal facts

"2017 Gohap 421"

1. On September 2016, Defendant A’s crime committed around September 2016, 2016, Defendant C (the age of 25 at that time) with a mental disability of 2nd degree, who did not turn on going to her to her to her in the mutual influence room located in the two-dong Seoul Dobong-gu Seoul Metropolitan Government, and Defendant C (the age of 25 at that time) was placed in the her mother, and Defendant C was her adult broadcast without the victim’s refusal to see, and Defendant C was her in the middle of her adult broadcast.

“.......” and

The shoulder of the victim refusing to refuse shall be placed on the bed by a tight hand, and shall not be placed on the bed.

The victim was off from the victim's panty and panty, took off the brut and titts above, took the victim's body and sexual intercourse once with the victim.

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

2. Defendant A’s crime committed around December 2016, 2016: around 19:00, at the house of the above victim C (n, at the time, 25 years of age) located under D in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu around December 12, 2016; Defendant C knew that he/she is married with the victim; and Defendant B knew that he/she is married with the victim, and found the above house with Defendant B.

The name “one time” shall be applied to the victim who had covered and who had reported the television by drinking together and drinking together and playing sexual desire.

“.......” and

The victim was sucked by the victim's milch and panty, and the victim's body was frighted by the victim's sty and panty, and the victim's sty was frighted by two descendants, and sexual intercourse was committed once by the victim.

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

3. Defendant B’s crime committed on the same date, time, place as described in the above paragraph (2) above, and after committing the crime as described in paragraph (2) above, Defendant A’s sexual desire to take place to the above victim “one defect” and refusal to do so.

The victim's shoulder was partitioned into his hand, and was placed on his hand, and the victim's shoulder was broken up by two hands and sexual intercourse was made once.

Accordingly, Defendant B had sexual intercourse with a person with mental disability by force.

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