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A person shall be punished by imprisonment with prison labor for not less than five years and by imprisonment for not more than six months with prison labor for the crimes of Articles 2 through 4 of the judgment.
Reasons
Punishment of the crime
[Criminal Power] On December 26, 2013, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on January 3, 2014.
【Criminal Facts】
1. From September 2013 to October 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compact, etc. of Persons with Disabilities) found the victim E (Woo-gu, Nam-gu, and 206) who has a mental disorder of the Do at his residence in the south-gu, Nam-gu, Na-dong, 206, to have a sexual intercourse with the victim E (the 47 years old), but if the victim refuses it, the victim was able to take the hand of the victim, and the victim was fright to have the face of the victim with the ppuri, and forced to put the victim's clothes off with the victim's knife at the bottom, and took a knife one time from the floor by sticking the victim's shoulder with the knife.
Accordingly, the defendant has sexual intercourse with a victim of mental disability by fraudulent means or by force.
2. Around August 27, 2014, the Defendant was urged from the victim to take a bath, such as “Chewingly, Chewing, as long as he/she boomed, as he/she drinked, and as long as he/she did not pay a debt of KRW 8.5 million to the victim,” on the ground that he/she did not pay a debt of KRW 8.5 million to the victim, and that he/she received a demand from the victim to take a delivery from the victim around that time.
However, the defendant does not leave the victim without justifiable reasons because the police officer dispatched by a report of neighboring residents on the same day at around 08:10 on the same day fails to leave the victim.
The Gu refused to comply with the Gu.
3. On September 5, 2014, the Defendant expressed that, at the J-cafeteria operated by the victim I (Woo, 62 years of age) located in the Nam-gu, Nam-gu, Nam-gu, the Defendant urged the victim to repay the Defendant’s debt, but the victim said, “I do not have money. I do so within this year.”