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(영문) 수원지방법원 2013.05.30 2012고합1263
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

Victim C(AW) is a person with intellectual disability at the level of 39 years of age in intelligence index and 4.5 years of age in society.

On May 2012, the Defendant discovered the victim of tobacco in the “Eart” located in Suwon-si, Suwon-si, Suwon-si, and became aware of the fact that the victim was not a normal person in the course of dialogue with the female.

1. On May 2012, the Defendant committed the crime of early 2012, the Defendant: (a) went to the victim’s house in F, following the victim’s back home, and returned home, and (b) went to the victim’s house and went to the house; and (c) was sexual intercourse once with the victim’s panty.

Accordingly, the defendant has sexual intercourse once with a female, using that the victim has been unable to resist due to mental disability.

2. On May 2012, the Defendant found that he had sexual intercourse with the victim as above, and subsequently found several times at the victim’s home after the date and time set forth in the above paragraph 1, and recommended the female to be “We play in our home.”

As such, the defective victim was found at the defendant's house in Suwon-si GB04 at the end of May 2012 due to the burden that people can see the case.

The defendant issued a victim's own house, cosmetics, etc. to the victim so that he had sexual intercourses with the female, after having given the victim's own house.

Accordingly, the defendant has sexual intercourse once with a female, using that the victim has been unable to resist due to mental disability.

3. On June 2012, the Defendant committed a crime of early 2012, the Defendant, on the grounds as seen in the foregoing paragraph 2, committed a sexual intercourse with a female on one occasion after having given the victim, who was found in the Defendant’s home, by giving a confluence, etc. to the victim, who was found in the Defendant’s home,

Accordingly, the defendant has sexual intercourse once with a female, using that the victim has been unable to resist due to mental disability.

Summary of Evidence

1. Part of the defendant;

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