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(영문) 제주지방법원 2015.10.29 2015고합56
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for seven years.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Punishment of the crime

The defendant is a resident who has been living in the next house of the victim C (n, 17 years of age) for more than three years.

The victim suffered a long-standing difficulty in the overall daily life, including academic disability and personal relations, and the concentration of attention, due to the disabled of class 3 of intellectual disability (intelligent index 45, language intelligence 53, intelligence 50, social index 50, social age 54, social age 9) whose intellectual age is remarkably lowered, and the guardian needs to be managed in his/her daily life, and understanding of his/her psychological state or social maturity is very low.

For three years, the Defendant was aware of the victim's right adjacent to the victim's family, and the victim did not have a normal accident due to mental disorder, and was able to commit indecent acts and sexual intercourse with the victim by using the fact that there is no perception or perception of sexual intercourse, or that it cannot sufficiently understand the meaning of sexual behavior.

1. Around 18:00 on September 30, 2014, the Defendant discovered a victim who was on board the neons in the E-park play zone near the victim’s house at Jeju-si, a Jeju-si, a nearby the victim’s house, and forced the victim to wear his/her grandchildren by force.

Accordingly, the defendant committed indecent act against the victim who is in a state of difficulty in resisting or resisting due to mental disability.

2. On October 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape of Persons with Disabilities) told the Defendant to play a call by discovering the victim who takes personnel affairs in the balcony of the Defendant’s home located in Jeju F from around 11:00 to around 13:00.

Therefore, the victim is placed on the front door of the victim, after the victim gets a stringer down with the Defendant's house, according to the Defendant's call, and lying the victim on the front door.

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