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(영문) 부산지방법원 동부지원 2012.10.19 2012고합285
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete 200 hours of sexual assault treatment program.

Reasons

Punishment of the crime

[Judgment of the court below] The victim C (MW) was registered as the disabled of the third grade of the intellectual disability and the third grade of the intellectual disability around November 4, 2004;

The victim D (L, 12 years old) who is a father of the above victim, has a verbal disability as a disabled person of Grade II (the current state of Grade I) intellectual disability, and E (9 years old) who is an infant of the above victim is a disabled person of Grade II of intellectual disability.

The defendant was aware of the circumstances that the family members of the victims living in adjoining areas have intellectual disabilities and the victim C did not reside with her husband.

【Criminal Facts】

Even if the victim commits an indecent act, the defendant thought that the victims were unable to talk about the fact to others, and tried to commit an indecent act against them.

1. On June 1, 2012, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities, etc.) committed an indecent act by force against the above victim, who is the disabled person of Grade III with intellectual disability, by putting him/her away from the front door as if he/she was the husband of the victim C, by opening the front door, leaving the front door door to the front door, leaving the large door, leaving the front door, leaving the said victim’s chest, leaving the front door to the front door, leaving the said victim’s chest, and leaving the front door to the front door of the said victim, and putting him/her away from the lower door to the front door of the said victim.

2. A prosecutor who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under the age of 13) was prosecuted as an ordinary concurrent crime under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (Rape, etc.) and changed the name of the crime to be one of the crimes.

The defendant shall find out the victim D who was enrolled in a ward at the time and place specified in paragraph (1), and shall not "assign".

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