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(영문) 의정부지방법원 고양지원 2017.12.22 2017고합77
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The Defendant asked the way to the victim D (n, 22 years of age) in the Seo-gu, Seoyang-gu, Busan Metropolitan City around 2015 and became aware of the way, and then contact with the victim. The victim is a person with a intellectual disability of class 3 of the intelligence index 62.

The Defendant, at around July 2015, 2015, she met the victim in the F Station located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, U.S., leaving the victim diving, she she off the victim with the “Gel” in the F Station “Gel”, and she she off the victim’s clothes, and she she off the victim’s clothes as soon as possible in his/her hand, and she she down the victim’s surts with his/her hand, and she she down the drinking.

On the other hand, after lying the victim on the bend, putting the victim on the bend, putting the victim on the bend, putting the victim on the bend, putting the victim at “any sound or ma, pay attention at now,” putting the finger in the bend part of the victim’s body, preventing the victim from going on the victim’s body and from going on the back, and sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with a victim who has a mental disability by force.

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement D in the written notification of the results of the statement and analysis by the prosecutor;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a notice of disability medical certificate, each suspect's text message, report, diagnosis certificate, or statement and analysis;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the accused has no record of punishment for sexual crimes, and that the accused has no record of punishment for sexual crimes, the age, occupation, and family environment of the accused recognized as recorded;

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