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(영문) 대구지방법원 김천지원 2014.08.22 2014고합18
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 100 hours.

Reasons

Criminal facts

Defendant

In addition, the applicant for attachment order (hereinafter referred to as the "defendant") is a person working as a selective engineer, and the victim C (the victim, 20 years old) is a disabled person suffering from a intellectual disability and a bipolarly dynamic disorder that has not been rated as a disability.

1. The crime committed on September 21, 2013;

A. On September 20, 2013, the Defendant introduced the victim through the victim’s birth F in the “E” restaurant located in Gu/U.S.D.

The Defendant, along with F, G, H, and the victim, performed the alcohol in the above restaurant, and the victim was the victim of the drunk, and the victim was the victim of the alcohol and 302 Gu, Si, si, si, the Defendant’s residence.

At this place, the defendant, together with F, was placed on the suspect's bed, after cutting the victim under the influence of alcohol at his bed room, and she was placed on the suspect's bed.

On September 21, 2013, from around 08:00 to around 09:00, the Defendant had sexual intercourse once with G and H return to the house, and F used the gaps locked in the above studio room, thereby inserting the Defendant’s sexual organ into the part of the victim’s studio, who is in a state of difficulty in drinking at the above studio room and was locked.

Accordingly, the defendant raped the victim by using the state of difficulty in resisting due to mental disability and the state of difficulty in drinking.

B. On September 21, 2013, the Defendant around 09:00 and around 1-A.

In the same place as in the foregoing, sexual intercourse was made once by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ, who has been under the influence of alcohol and has been unable to resist.

Accordingly, the defendant raped the victim by using the state of difficulty in resisting due to mental disability and the state of difficulty in drinking.

2. On November 25, 2013, the Defendant committed the crime on November 25, 2013, committed the victim with his residence around November 25, 2013.

The defendant, together with the victim, called TV from the ward, was the victim more, and the victim's face and bridge was taken up immediately above the body of the victim who was accumulated on the floor of the ward.

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