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(영문) 춘천지방법원 원주지원 2018.08.30 2017고합72
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

[Defendant A] The defendant shall be punished by imprisonment for three years.

[Defendant B] Defendant is punished by imprisonment with prison labor for a period of two years and six months.

[Defendant C]

Reasons

Punishment of the crime

The victim D(the age of 45 at the time of committing the crime) is a person with a mental disorder of class 2 with a very weak mental disability with the overall intelligence index of class 44, with the social disability of class 7, with the social age of 7 years and 5 months, with the socialization index of 46, with the "comprehion intellectual disability", and with the ability to reasonably deliver and communicate the resistance against sexual assault damages and their emotional distress or symptoms, thereby significantly hindering the exercise of sexual self-determination rights.

1. Defendant A, who resides in an apartment building like the victim, had a intellectual disability to the victim, thereby significantly hindering the victim from exercising his/her right to sexual self-determination, and, even if the victim knows himself/herself as a police officer, he/she knew that it is difficult for the victim to resist sexual intercourse, and used it to have sexual intercourse with

A. On February 2, 2016, the Defendant called “A police officer,” the victim’s “I am at our house, such as a police officer,” was on the victim’s own house located in the above apartment G, and sent the victim to the victim’s house located in the above apartment G, followed the victim by inserting his hand into the victim’s panty panty, allowed the victim to be off his clothes, and the victim to be off her clothes, and then the victim’s chest and the sound son’s breast and son’s son, and sexual intercourse by inserting his sexual organ into the victim’s quality.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that it is difficult to resist or resist.

B. On July 2, 2016, around 12:00, the Defendant had sexual intercourse by inserting the sexual organ into the victim’s quality and inserting it into the victim’s own house located in the above apartment G heading, in front of the E apartment Fdong, in the first place of the city of Won-si.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that it is difficult to resist or resist.

2. Defendant B was a disabled person with a intellectual disability of Grade II, and Defendant B became aware of the victim while performing the disposal of solid goods in the E Apartment F-dong Waste Removal and Removal Chapter at around March 2016.

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