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(영문) 대구지방법원 서부지원 2018.11.08 2018고합134
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim B (Woo, 21 years old, intellectual disability 3 level) are adjoining relation to the family, and the defendant was well aware that there was a intellectual disability between the victim and the female's families at schools with disabilities.

On March 21, 2018, the Defendant: (a) around the 13th floor of the Daegu-gu apartment D, Daegu-gu, Seoul-gu, and the Defendant, around the home of the Defendant and the victim, divided his or her words with the victim into his or her care, and (b) visited his or her home at around 22:00, and asked the victim of his or her care; and (c) thus, (d) requested the victim to come to the Defendant’s home.

At around 22:30 on the same day, the Defendant, at the Defendant’s house located above E, allowed the victim to enter the above Defendant’s house, and talked with the victim, such as noise between floors and basic living recipients.

During that time, the defendant closed the visit, sits at the bed, and knife the victim's hand, and sent the victim's hand to the house "(sexual relation)."

"I wish to be off the clothes of the victim" and to be off the victim's clothes.

Therefore, while a victim tried to escape from the defendant by being sealed by the defendant as his hand, the defendant "I do not want to do so because I do not have difficulty in doing so, I do not want to do so.

“To close a visit, to suppress the victim’s resistance, and to keep the victim’s resistance, the victim re-victimed the Defendant, and then she resisted the victim’s panty with the kitchen located in the kitchen, and eventually failed to bring the matter out of the house, with the escape from the house.

Accordingly, the defendant tried to have sexual intercourse with a victim with a mental disability by deceptive scheme or force, but did not have attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Certificates of persons with disabilities (B);

1. Application of statutes on site photographs;

1. Relevant provisions of the Act concerning facts constituting an offense;

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