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(영문) 대전지방법원 2020.07.24 2020고합151
성폭력범죄의처벌등에관한특례법위반(장애인준강간)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The Defendant, while serving as security guards of Daejeon Dong-gu Daejeon-gu B apartment, was aware that the victim C (the age of 35) who is a resident of the same area had intellectual disorder, such as the Mana-gun, which was a disabled person with intellectual disability of Grade II with intellectual disability, had a sense of friendship with the victim by drinking drinking water, etc., and was able to engage in sexual intercourse.

1. On November 2019, at around 18:00 on the date of the crime, the Defendant, while drinking drinking water at a guard room in front of the above apartment complex, tried to put the victim in a state of difficulty in resisting due to intellectual defects that the victim intends to go to the house, to the rest room on the first floor above the above apartment complex, and let the victim go to the front floor of the above apartment complex, let the victim go to the frightly with his arms, and let the victim go to the fright away from his clothes, and let the victim go to the fright away from her clothes. The Defendant did not put the fright to the fright of the victim, and fright the chest of the victim to the frightite of the victim. The Defendant did not put the fright to the part of the victim's fright and panty, and tried to fright the Defendant's sexual flag into the part of the victim's fright, without being added to the fright.

Accordingly, the defendant tried to have sexual intercourse with the victim by using the victim's difficult state of resistance due to mental disability.

2. Around December 2019, the Defendant: (a) knew that the victim was mixed in the house before the victim’s house located in the said apartment building on or before December 2019, the Defendant: (b) tried to see that the victim was living in the house before the victim’s house; (c) opened the front door; (d) opened the front door to the victim; (d) opened the front door; and (e) laid off the victim with clothes; and (e) put the victim in the victim’s chest by putting the victim’s chest on his/her part, and fright the chest into the bend part of the victim’s house; and (e) put him/her into the inner part of the said apartment building, but did not have the fluened part, while intending to put him/her into the front part of the victim’s house.

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