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(영문) 서울서부지방법원 2016.02.17 2015고합308
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person of Grade 3 (Intelligent index 50 to not more than 70) of intellectual disability that he worked as an employee in the company D, a corporation located in Goyang-gu Seoul Metropolitan City from May 2014 to Goyang-si, and the victim E (the "24 years of age" as stated in the indictment of 23 years of age is a clerical error, and such correction is made as such) who worked in the above factory at the time when he worked in the above factory.

of this chapter. The Corporation becomes aware of

A victim is a disabled person of grade 3 with intellectual disability who has no kind of friendly ties, and send most of the words and time with intellectual disability 2nd.

A person who has difficulty in forming and maintaining a social relationship and lacks the ability to cope with situation.

Accordingly, the defendant was aware that the victim was not aware of his sexual intercourse with the victim's sexual intercourse with his or her own knowledge of the fact that he or she was unable to recognize his or her sexual intercourse.

1. Transmitting the victim’s phrase “one who has frightened” to the victim in G warehouse located in Yongsan-gu, U.S.F at the same time in a large range of 12:30 on July 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similarity with persons with disabilities)

The injured person followed the above warehouse, followed the victim by sparing and sparing the victim, and the victim called "I do not refuse or refuse to do so", and even though the victim refused to do so, panty of the victim was panty of the victim, and knife the finger and knife the fingers of the victim.

Accordingly, the defendant raped the victim with intellectual disability.

2. On March 14, 2015, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive schemes, etc. against disabled persons), took the victim into custody of the victim with the stairs of the ID 2nd floor located in the Dong-dong, Simsan-gu, Simyang-si, Simyang-si, and left the victim out of the victim’s spoty and panty after pushing the victim with the wall.

이에 피해자가 쭈그려 앉아 “ 하지 마! ”라고 말하면서 피고인의 얼굴과 머리를 밀치며 거부하자,...

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