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(영문) 광주지방법원 해남지원 2019.09.18 2019고합20
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for four years.

For a period of seven years, an electronic tracking device shall be attached to the person against whom the attachment order is requested.

Reasons

Criminal facts

The facts leading up to the occurrence of the attachment order [criminal facts] Defendant and the person subject to the request for the attachment order (hereinafter “Defendant”) committed sexual intercourse or indecent act with the victim’s parents by living in the same village as the victim B (name, leisure, age 29, intellectual disability 3), and committed sexual intercourse with the victim’s parents. The victim was found to have significantly deteriorated judgment, decision-making ability, response ability, etc. and is mixed with the victim’s residence, making it difficult for the victim to resist sexual assault even if he/she suffered sexual assault due to many cases, and thus, he/she cannot exercise his/her right to sexual self-determination.

1. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape of Persons with Disabilities) at around 17:00 on September 2018, the victim’s residence kitchen located in Jindo-gun, Jindo-gun, Jindo-gun, about 17:0 on the day, tried to leave the victim’s chest, she met the victim’s chests several times, her fingers with his/her fingers, and gather his/her fingers from the victim’s clothes, and her fingers away from the victim’s drinking, and she went back to the victim’s drinkings again after about 10 minutes from the victim’s drinkings, and she met the victim’s breasts, she exceeded the victim’s drinking "one time" and inserted the victim’s sexual flag into the part of the victim’s drinking, but the victim refused it, and did not have attempted to flee out of the victim’s residence.

2. On March 7, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of quasi-sexual intercourse with a disabled person) said, around 08:00, in the residence of the victim in Jindo-gun C, Jindo-gun, Jindo-gun, said, under the influence of alcohol, told the victim to write a coffee. At the same time, the victim’s chests from the kitchen to the back of the victim boarding the coffee, she talks the victim’s chests several times with his/her fingers and her fingers, and continues to gather his/her fingers on the part of the victim.

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