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(영문) 청주지방법원 2019.02.15 2018고합189
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year and six months.

Defendant

A sexual assault for 40 hours against B

Reasons

Criminal facts

On June 15, 2018, Defendant A was sentenced to a suspended sentence of six months by imprisonment with prison labor for an injury at the Cheongju District Court on June 15, 2018 and the judgment became final and conclusive on June 23, 2018.

【Criminal Facts】

Defendant

A and Defendant B are related to the same dong line, and the victim C (V, 24 years of age, household name, and intellectual disability 2 level) is a person who temporarily resides in the residence of Defendant A from February 2018 to Cheongju-si E building and the residence of Defendant F, which are the introduction of D, a de facto spouse of Defendant A.

1. At around 03:00 on February 22, 2018, Defendant B, along with the victim’s residence, put his hand in the victim’s knife who was intending to sleep after drinking alcohol together with the victim’s, A, and D, as the victim’s knife could have taken the victim’s chest, and even though the victim refused to take the Defendant’s hand, he stored his hand in the victim’s panty, and stored his fingers in the victim’s knife.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

2. Defendant A

A. At around 01:00 on February 26, 2018, the Defendant, at the above Defendant’s residence, went together with the victim and D, to the next side of the victim who was trying to sleep in D after drinking alcohol with the victim, was suffering from the victim’s half panty, panty, and panty that the victim was suffering in both hands, went off the victim’s sexual organ on the body of the resisting victim, was inserted into the part of the victim’s sound, and entered into the part of the victim’s chest.

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

B. On February 26, 2018, around 08:50 on February 26, 2018, the Defendant: (a) inserted D’s sexual organ into the part of the victim’s sound, inserted D’s body on the part of the victim’s panty in the victim’s residence; (b) removed the victim’s panty in the child care center; and (c) removed the victim’s panty in the victim’s body.

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