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(영문) 광주지방법원 순천지원 2015.07.09 2015고합89
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, while transporting a two-wave to a freight forwarder, had been involved in sexual intercourse with the victim E (W, 33 years old) with intellectual disability 2 in a dry field for a two-wave growing field located in W at a female time, by using that the victim's intelligence falling short of normal conditions and forced another person's minor coercion, direction, etc. are in an indefinitely complied with, thereby inducing the victim to sexual intercourse with the Defendant's cargo vehicle or the mother's cargo vehicle.

1. On April 201, 2014, the Defendant: (a) sent the victim to a cargo f1 ton vehicle operated by the Defendant in a fish-spon cultivation field located in D at Haman-si; and (b) spam back the victim’s clothes after the chief chair; (c) while the victim tried to get off the victim’s clothes, the Defendant stated that “I am off the victim’s hand, I am off the victim’s spon; and (d) off the victim’s spon, I am off the victim’s spon; and (e) took off the victim’s spon, I am sexual intercourse with the victim.

2. On May 2014, the Defendant had sexual intercourse with the victim under paragraph (1) in the same manner as the victim’s one time in the instant cargo vehicle, in front of the victim’s house located in G at the time of inn, while taking the victim of the cargo lane as stated in paragraph (1) in his/her house.

3. On July 2014, the Defendant: (a) went into and out of the room of the I motherel located in H at the early May 2014, the Defendant: (b) prevented the victim from getting out of the room; (c) prevented the victim from getting out of the room; (d) cut off the victim’s clothes; and (e) sexual intercourse with the victim having sexual intercourse once after putting the victim on the wall.

As a result, the defendant has sexual intercourse with each other over three times with the victim who has a mental disorder by force.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Statement to J police officers;

1. Stenographic records;

1. The application of Acts and subordinate statutes to expert opinions on sexual assault incidents, replys to requests for appraisal, and reports on internal investigation;

1. Article 6(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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