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(영문) 대전지방법원 천안지원 2019.10.02 2019고합151
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)등
Text

A defendant shall be punished by imprisonment for five years.

The accused shall be at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") is a victim B (nive, 29 years of age, intellectual disability 3 level), and is a victim C (nive, 26 years of age, intellectual disability 3 level).

1. On July 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victims B (Indecent Act by force by force of the disabled) was a victim’s chest part, buckbucks, bucks, and knicks, knife the victim’s breast part, knife, and knife the victim’s knife into the victim’s panty part, and knife the victim’s hand into the victim’s panty part.

Accordingly, the defendant committed an indecent act against the victim by using the state of difficulty in resistance due to mental disability.

2. On June 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Victim C (rape-rape of a disabled person) and inserted the sexual organ into the part of the victim, after being informed by the victim that the victim was in a state of difficulty in resisting due to mental disability, the victim was able to enjoy side by the victim, and the victim was aware that the victim was in a state of difficulty in resisting due to mental disability.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of his mental disability such as the impossibility to resist or the difficulty of resistance.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims C;

A. A. On May 2017, the Defendant committed the crime: (a) around May 2017, at the place indicated in Paragraph (2) above on May 1, 2017, at the time of the crime; (b) at the victim’s side, who is in a critical state of resistance due to mental disorder, she was placed on the victim’s side, placed his her son in the victim’s hands, and placed the victim’s hand in the meaning that the victim’s her son was the her son, but her son was the victim’s her son and her son was unable

This is the defendant.

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