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(영문) 수원지방법원 평택지원 2020.01.31 2019고합139
성폭력범죄의처벌등에관한특례법위반(장애인피보호자간음)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From April 1, 2012 to December 19, 2012 of the same year, the Defendant was a person who was engaged in “C” in Ulsan-gun, Ulsan-gun, as a living rehabilitation teacher. The victim D [40 years of age, leisure, overall intelligence (I Q), 45 years of age, social adaptation ability (S Q Q) 49.5 years of age, and social age 7.92 years of age] is a user of the above “C”, “C”, “C” was raped before being admitted, and was hospitalized at a mental hospital for three months due to stress disorder after having been discharged from the hospital. Since June 10, 2008, the Defendant began to be hospitalized at the E hospital from around June 10, 2008 to around October 21, 2011.

1. On December 18, 2012, the Defendant committed the crime of December 18, 2012: (a) around 16:00 on December 18, 2012, at the first floor group activity room of the above “C”, in which the victim came to a practice room during the crisama practice, and (b) was willing to have sexual intercourse with the victim; and (c) upon the victim’s consent, the victim took the victim into a female toilet located adjacent to the group activity room, with the victim’s agreement, by stating that “the victim is only one chest,” and the victim took the victim into the victim in a female toilet located adjacent to the group activity room, due to intellectual disorder, who did not express his/her intention well and did not refuse any other person’s unfair instructions or actions, putting his/her chest into the victim’s hand and inserted his/her finger into the part of the victim’s drinking.

2. On December 19, 2012, the Defendant committed the crime in the collective activity room as of December 19, 2012, at the collective activity room as of December 19, 2012, in order to encourage the victim to engage in sexual intercourse with the victim by reporting that the victim “mar in the Athymma drama practice” was aware of the Defendant’s “mar in the Athy,” and grhying the victim to engage in sexual intercourse with the victim. The victim, who was unable to refuse another person’s unfair instructions or actions without properly expressing his intention due to intellectual disorder, was placed in the toilets adjacent to the C’s suspended factory, and was off the Defendant’s backline, left the victim’s chest, and laid the victim’s chest on the toilet floor.

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