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(영문) 광주지방법원 2013.09.12 2013고합280
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

1. The defendant shall be punished by imprisonment for six years;

The information on the accused shall be disclosed for seven years, and shall be notified for seven years.

2...

Reasons

Criminal facts

Defendant

In addition, the person subject to a request to attach an attachment order (hereinafter referred to as the “defendant”) is the relationship in which the victim C (nick, 14 years of age, and class 2 of intellectual disability) was friendly with her mother and her public service, and the peace victim was accompanied by “sken”.

1. From around 18:00 on April 13, 2013, the Defendant, in violation of the Act on the Punishment, etc. of Sexual Crimes (compact, etc. against the disabled) committed a crime to have sexual intercourse with the reported victim, in a way of gathering the Defendant’s home located in Yong-Namnam-gun, Jeonnam-gun.

The Defendant, after playing in the rear side of the victim, put his fingers into the her clothes of the victim himself and her kel and her am off the victim's am, and her am off the victim's am, resisting the victim's refusal to do so, the Defendant forced her am off the victim's amb, prevented her amb by putting the victim's ambling part, etc., her ambling the victim's ambry, and sexual intercourse by inserting the Defendant's sexual organ into the part of the victim

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. Around 18:00 on April 14, 2013, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (similar act to disabled persons) considered that the Defendant’s house had been in the Defendant’s house to find tobacco between the previous day and the previous day, and that the head was coming back in the room.

The Defendant, after taking the back of the victim, forced the victim to go off, and put the victim's body against his refusal to do so, and inserted the Defendant's sexual organ into the victim's resistance.

As a result, the defendant assaulted the victim with mental disability to put the sexual organ inside the resistance.

The Defendant, as above, committed a sexual crime against a person under the age of 19, and committed a sexual crime on two or more occasions, and is deemed to have a habit of such crime.

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