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(영문) 전주지방법원 2018.04.20 2018고합25
성폭력범죄의처벌등에관한특례법위반(장애인준강간)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 80 hours.

Reasons

Punishment of the crime

The defendant was aware of the victim E (V, 21 years old) and F in a de facto marital relationship with the victim E(F) with a mental disability in the hospital located in Geumcheon-gu Seoul Special Metropolitan City. The defendant became aware of the victim, and the victim was aware of the forest road in the state that he was found to lack intellectual ability rather than normal ones.

On September 14, 2017, the Defendant: (a) the victim and F returned to the hospital first, and (b) the victim and F returned to the hospital, and (c) the victim and F returned to the hospital first, and (d) Habbbd Hab Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Ha

1. On September 14, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of the Disabled) went out of the room where the damaged person was in the second floor of the Seo-gu Seoul Special Metropolitan City G building on Sep. 23:30, 2017, and let the damaged person go out of the room where he was in the second floor, and let him go out of the room where he was in the said room, and let him go out from the room that he was “the husband is in her husband......... The victim goes out of the panty of the victim who is covering the victim’s body even though she refused to “I would not,” and forced him to go out of the panty of the victim, put his sexual organ into the damaged person’s entry, and sexual intercourse once by inserting his sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's in a situation where it is difficult for the victim to resist due to mental disability.

2. From September 15, 2017, around 03:30 on September 15, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act committed by force against disabled persons), the Defendant was able to listen to the air room in the second floor waiting room of the above DD hospital, with his hand put his hand into the victim’s panty, and her hand was boomed with his hand inside the clothes.

As a result, the defendant committed an indecent act against the victim by using that person's mental disability has difficulty in resisting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of a victim recorded in a video recording or video CD;

1. CCTV images at the scene of crime;

1.Each.

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