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(영문) 광주지방법원 2013.10.31 2013고합414
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Reasons

Criminal facts

In the third year of C High School, the Defendant lived in the “G” located in Yong-Namname-gun F, such as the victim D (n, E, intellectual disability Grade 2).

1. On March 17, 2012, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts against Persons with Disabilities, Fraudulent Means, etc.) provided that the Defendant: (a) around 14:00, up to the room used by the G’s “G” living instructor; (b) was seated with the victim (the age of 17 years at that time) and frighted with the victim to gather his/her hand with the victim’s inner part; and (c) refused the victim’s body to read “Isra.” while the Defendant refused the victim’s body to read “Isra.”, the Defendant frighted the victim’s body with one hand while carrying one arms of the victim’s hand and putting another hand into the victim’s will and pande with panty.

Accordingly, the defendant committed an indecent act by force on a person with mental disability.

2. On March 24, 2012, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), was charged to the victim’s side (the age of 17 years at that time) around 16:00, he was off his own will and panty, went back to the victim’s body, and the victim was her body, and the victim was her body, and refused to “I am off. I am off. I am. I am. I. am. I. am. I. am. I. am. I. am. I. am. I. am. am..... I. am. I. am. am..... I. am.).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or I;

1. Application of Acts and subordinate statutes of recording recording (D);

1. Article 6(6) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 6(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012).

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