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(영문) 수원지방법원 2017.03.16 2016고합741
성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On July 6, 2016, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for larceny from a person who was sentenced to imprisonment with prison labor for four months in prison on the grounds of larceny, and on July 14, 2016, which became final and conclusive on July 14, 2016

The victim C(the life expectancy, the age of 31) was judged to be a disability grade 1 due to the duplicate disability of grade 2 and class 4 of the intellectual disability, and class 4 of the cross-quality disability. In intelligence shows the age of 44 - 5 - 6 - 6 - 6 - 7 - the social maturity index shows the social age of 46 - 46 - 6 - 6 - 7 , the overall recognition ability due to mental disability is limited, the ability to adapt to society is low, so it is difficult to judge or cope with the situation on its own, and it is necessary to assist the guardian in daily life.

On September 2015, the Defendant became aware of the victim who was judged to have a 6th degree disability due to the symptoms of brain flasing the right side of the body due to border flasing, and from around September 2015, the Defendant worked as a unemployed volunteer in E, a vocational rehabilitation community for the disabled in Suwon-si, Suwon-si, as a vocational rehabilitation community for the disabled, and works as a vocational trainee at the rehabilitation workplace.

The Defendant, knowing that he was unable to perform his intellectual ability due to a mental disorder that he was able to follow with her “salute”, intending to commit an indecent act and similarity with the victim by using it.

1. Violation of the Act on the Punishment, etc. of Sexual Crimes;

A. On August 12, 2016, around 14:36 to 14:44, the Defendant sent the victim to a class of the Daz center located on the first floor underground of the above “E” building, and took the victim into double arms, and thereafter, took the victim into double arms, and took both chests of the victim into double arms.

As a result, the Defendant committed an indecent act against the victim by taking advantage of his mental disability that makes it difficult for the victim to resist.

B. On August 16, 2016, at around 15:51 to 15:59, the Defendant sent the victim to an empty classroom of the Daz Center, and used the victim for both arms.

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