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(영문) 대전지방법원 공주지원 2016.10.05 2016고합20
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

【The relationship with the victim” (the age of 46) is the victim C(the age of 3) and the victim C(the age of 46) is the victim's wife, and the victim D(the age of 21) is the victim's intellectual disability(the age of 3) and the parent of the victim C(the age of 21).

The victim C visited the defendant's house for at least three to seven days per month to see D, and the victim D lived together with the defendant's house from April 2015 to July 2015 in order to help this mother's farm work.

The Defendant was aware of the victims before the victims, or took a serious bath, and took violent actions, such as breathing a breath, following a breath, etc., and the victims were frighting and drinking.

【Criminal Facts】

1. Crimes against victims D;

A. On April 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities, Fraudulent Means, etc.) put the Defendant’s fingers into the part of the injured party’s drinking at the house of F Defendant at the time of his jum of official residence, put his fingers into his clothes and her chests, and her chests the Defendant’s fingers, after she prevented the victim who resisted and resisted the Defendant from getting out of his house, and her fingers were collected into the part of the injured party’s drinking.

On the other hand, by force, the victim, who is a disabled, was indecent.

B. On May 1, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compreting of Persons with Disabilities) committed sexual intercourse with the disabled victim by force four times, including sexual intercourse by inserting the Defendant’s sexual organ into the victim’s sound book, in the place described in the foregoing paragraph (a) at the beginning of May 2015, as long as the victim viewed the victim from TV by inserting his hand in his/her clothes, leaving his/her chest and panty, and leaving the victim off his/her chest and panty with his/her panty, and making the victim unfolded by force, i.e., inserting the Defendant’s sexual organ into the victim’s sound book.

2. Crimes against victims C;

A. On November 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (comprehion between the disabled and deceptive scheme, etc.) was identified at the place described in paragraph (1) around the date of new walls.

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