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(영문) 부산지방법원 동부지원 2016.12.27 2016고합132
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[Basic Facts] around 2011, the Defendant: (a) was aware of the fact that the victim C (the 34 years of age, intellectual disability 3 level) was living in Busan Jin-gu D; (b) the manager of the house where the victim was living in Busan Jin-gu; (c) was aware of the victim; and (d) the Defendant’s husband and the victim’s husband and wife were aware of the fact that they were living in the East-gu, Busan; and (d) on this basis, the Defendant got the victim to live in the East-gu, Busan; and (e) was able to have the victim engage in sexual intercourse by using the awareness that the victim was living in the East-gu, 2013 while living in the East-gu, Busan; and (e) caused the victim to have a director in the Republic of Korea; and

【Criminal Facts】

1. Around July 2, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compreting of Persons with Disabilities, Fraudulent Means, etc.) committed sexual intercourse once with the victim, playing in the Defendant’s home and sitting in the Defendant’s book, standing in the Defendant’s house, standing in the Defendant’s house, and standing in the Internet game.

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

2. Around 22:00 on August 6, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities, etc.) committed an indecent act against the victim entering the above toilet in order to view the use side, the Defendant left the second male toilet of the H building located in Nam-gu Busan Metropolitan City with the victim, with the victim, and caused the victim to have the rear head of the victim, who was seated in the above toilet, and caused him/her to have his/her sexual organ stored in the victim’s drafting.

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

3. On August 6, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compreting of Persons with Disabilities, Fraudulent Means, etc.) on the second floor of the H building at the bottom of the stairs of the first floor above H in the above paragraph (2) on August 6, 2016.

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