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(영문) 대구지방법원 상주지원 2014.08.14 2014고합10
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

The defendant shall be punished by imprisonment with prison labor for three years and by imprisonment for four years with prison labor for the crime No. 2 of the judgment.

Reasons

Punishment of the crime

[criminal record] The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) are under suspension of execution, which became final and conclusive on May 30, 2013 by the Daegu High Court on May 22, 2013, as sentenced to two years and six months of imprisonment, and four years of suspension of execution as sentenced to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape, etc. of Persons with Disabilities).

【Criminal Facts】

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor rape, etc. under the age of 13) discovered the victim C (the age of 9 at that time) who is leading a bicycle and passed on the way to attract it at the time of staying in the vicinity of a white paper at the time of staying in a low radius, and had the victim C (the age of 9 at that time) committed indecent act by using non-human resources.

피고인은 위 자동차에 피해자를 태워 근처 냇가로 이동한 후, 위 자동차 안에서 피해자의 얼굴을 피고인의 성기 쪽으로 강제로 향하게 한 후 피해자의 입으로 피고인의 성기를 빨도록 하였다.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. On May 3, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) discovered a victim of mental disability Grade 3, who was playing alone in the front of the victim C (the age of 13) at the time of residing in D cargo vehicles at around 19:00, and left the victim's body near D cargo vehicles owned by the Defendant, and turned the victim's body near F to D cargo vehicles into a drone, and turned the chest into the victim's clothes inside the above cargo vehicle.

Since then, the defendant exceeded the victim's boom and clothes, and puts the victim's boom and clothes into a negative part, even though the victim resisted against the defendant's hand, "as soon as possible, given the defendant's hand over and resisted against him," the victim's face toward the Defendant's sexual flag."

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