(영문) 수원지방법원 2014.03.25 2013고합747

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(영문) 수원지방법원 2014.03.25 2013고합747

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등

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A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

1. The victim C (the age of 24) falls under the category III of the mental body of the I Q Q 59 as a result of the examination and evaluation of the D branch, and continues to fall under the category III of the mental body of the 59 branch from the early childhood to exercise sexual self-determination right. The defendant, as the E line living with the victim, was in mind of having sexual intercourse with other victims by using the victim's cres that lack of the victim's ability to distinguish from others.

On September 8, 2013, the Defendant, at around 04:00, committed sexual intercourse with the victim, even though he refused to perform alcohol with G, a private village of the victim and the victim, at home, after drinking alcohol with G, which is a private village of the victim and the victim, at around 04:0.00.

B. On September 10, 2013, around 10:00, the Defendant, as indicated in the foregoing paragraph (a), had sexual intercourse with and returned to his house, and the victim sent his/her father to the kindergarten and got married, and the her husband got married, he/she found the beer’s house to have sexual intercourse with the victim after drinking together with the victim.

C. On September 17, 2013, at around 14:00, the Defendant: (a) sought from the victim and E’s residence, the Hosung-si H building 406, and demanded the payment of the money; (b) and (c) upon the victim’s being married, E forced the victim to bring the victim into a third party; and (d) was off the victim from the place of the victim, the Defendant neglected the refusal of the payment; and (b) had sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of his state of difficulty in resistance due to mental disability.

4. On May 9, 2013, the Defendant, around 22:30 on May 9, 2013, followed with the victim J, who completed the delivery to the same apartment in the I apartment elevator in Suwon-gu, Suwon-si.

The defendant has a defect in the victim's desire to "scam" while in his/her cell phone conversations with his/her own relative.

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