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(영문) 창원지방법원 2014.01.09 2013고합73
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

The Defendant’s motion to attach the instant attachment order is dismissed.

Reasons

1. Summary of the facts charged and the grounds for requesting an attachment order;

A. On January 20, 2012, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were accompanying the victim C (17 years old, female, and mental retardation disorder 3 level) with the Kakakao Stockholm, a mobile phone service, and around January 20, 2012. At that time, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) attempted to rape the victim by advertising that the victim was satisd with the victim’s “Emoel” located in Seo-gu, Busan.

The Defendant, who was frightened by the body of the Defendant, and who was frightened by the Defendant and the body of the Defendant, frightened by leaving the victim into the guest room, she off the victim’s seat, and she resisted with sound, frightened by sound, string off the victim’s panty.” In other words, the Defendant left off the victim’s panty.

In addition, the Defendant abused the victim by threatening the victim as if he would inflict any harm on the victim's body, satisfying the face of the victim by hand, satisfing his hair, etc., so that the victim could not resist against the victim, and sexual intercourse was committed once.

Accordingly, the defendant raped the victim who is a mentally handicapped person.

B. The Defendant, as above, committed a sexual crime against a victim under the age of 19 who has a mental disability, and is in danger of repeating a sexual crime.

2. Determination

A. On January 20, 2012, the victim sent out to the police and became aware of the defendant through the Kakao Stockholm, and around January 20, 2012. After that, the victim, while living together with the defendant and F, had a place to engage in commercial sex acts with the victim, and had the victim run commercial sex acts with the victim, then the victim used the victim's money for living expenses. After several months, the victim returned back to the victim. The victim, the victim, and F was suspected to have induced the female juvenile in the police around September 7, 2012 and had the victim engaged in commercial sex acts to G (hereinafter "related case").

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