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(영문) 서울남부지방법원 2013.11.22 2013고합211
강도등
Text

Defendant

B Imprisonment for six years, Defendant C and A shall be punished by imprisonment for four years, respectively.

Defendant

Sexual assault against B for 200 hours.

Reasons

Punishment of the crime

[Criminal Power] Defendant B’s imprisonment with prison labor for special larceny at the Seoul Western District Court on April 9, 2010, for a maximum of eight months, for a short term of four months, for a short term of one year, and for a short term of six months on June 29, 2012, was provisionally released on June 29, 2012

9. 15. The parole period expired.

【Criminal Facts】

On October 2012, the Defendants knew that the victim G (the age of 22) who Defendant B was aware of attending the church and became aware of the fact that he was a class 1 disabled person, and decided to have sexual intercourse with the victim by using the victim G (the age of 22).

1. Defendant B

A. On January 201, 2013, the Defendant retired from the victim’s her sexual organ in the public toilets in Gangseo-gu Seoul Metropolitan Government “I Park” and inserted his sexual organ into the victim’s sexual organ, thereby having sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim once by using the victim's state of impossibility to resist.

B. On April 17, 2013, the Defendant exceeded the clothes of the victim at a small room of the victim’s home located in the Seoul J, taking advantage of the victim’s inability to resist, and sexual intercourse with the victim by inserting his or her sexual organ into the victim’s sexual organ once.

Accordingly, the defendant has sexual intercourse with the victim once by using the victim's state of impossibility to resist.

2. Defendant C’s mental retardation disorder lacks the ability to discern things or make decisions:

A. A. Around November 201, the Defendant, at the Dongjak-gu Seoul Metropolitan Government K, exceeded the victim’s right to resist, using the victim’s failure to resist, and sexual intercourse once by inserting his sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim once by using the victim's state of impossibility to resist.

B. In springing around 2012, the Defendant exceeded the victim’s breath by using that the victim was unable to resist, and inserted his/her sexual organ into the victim’s sexual organ.

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