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(영문) 대구지방법원 2017.09.15 2017고합92
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

[criminal record] On May 29, 2014, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) were sentenced to imprisonment for eight months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention Center on January 26, 2015.

[Criminal facts] The Defendant is a neighbor who resides in an apartment building, such as a victim C (V, 50 years old) with Grade II and Grade VI of intellectual disability.

1. From around 08:00 on July 2, 2016 to around 12:30 on the same day, the Defendant: (a) at the home of the Defendant from around 08:30 on the same day, the Defendant: (b) sent the victim a phone with a cell phone to the victim, called “cleaner 1305,” and opened the victim’s house with the victim’s cell phone; and (c) opened the victim under cleaning, after cutting off the part of the victim’s clothes, cut off the victim’s clothes, and cut off the victim’s clothes on the floor; and (d) obstructed another victim’s resistance on the part of the victim’s body; and (e) frighted the victim’s chest, sealed the victim’s chest, inserted the Defendant’s sexual organ into the part of the victim, thereby having sexual intercourse once with the victim.

Accordingly, the defendant raped the victim with a mental disability.

2. The Defendant, from around 07:50 on July 3, 2016 to around 12:42 on the same day, from around 07:50 on the same day, he/she told the victim, who was drinking together with two or more persons of friendship, to be called “on the part of his/her body” and called “on the part of his/her body,” thereby allowing the victim to get out of the body of the victim, preventing the victim who intends to go to go to the body of his/her body at the end of his/her drinking place from leaving the body of the victim, and cut off the victim’s face and head in whole, with his/her clothes as soon as the victim gets out of his/her body.

However, when the victim refuses to stop, the victim goes fast to the floor, the chest of the victim's body is fasted, the victim satisfyed by the victim's chest, and satisfyed by the victim's "math" into the part of the victim's sexual organ, and then put the victim's sexual organ into the part of the victim's sound.

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