(영문) 서울남부지방법원 2019.01.31 2018고합526

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.01.31 2018고합526

성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)

Text

Defendant

A Imprisonment with prison labor for four years and for seven years, respectively.

Sexual assault against the Defendants for every 80 hours.

Reasons

Criminal facts

1. Defendant A: (a) around the night on February 24, 2013, around the night, discovered the victim E (25 years old) suffering from e-mail in the subway station D's high-priced bridge under the subway station in Guro-gu Seoul Metropolitan City; and (b) had the intent to have sexual intercourse with the victim by using the fact that the victim is difficult to exercise sexual self-determination due to mental disability.

Since then, Defendant A, using the fact that the victim was unable to resist due to such mental disorder as above, was off from all the victim’s will and panty, and had the victim engage in sexual intercourse once by inserting the sexual organ into the part of the victim’s sound.

Accordingly, Defendant A has sexual intercourse with the victim by taking advantage of the victim’s difficulty to resist or resist the victim’s mental disability.

2. Defendant B [former relation] sentenced Defendant B to one year of imprisonment with prison labor for an attempted robbery at the Seoul Central District Court on February 9, 2012, and completed the enforcement on July 19, 2012.

【Criminal Facts】

Defendant

B around 08:00 to 09:00 on February 26, 2013, at the time of subway station D's bridge located in Guro-gu Seoul Metropolitan Government, the elderly was willing to engage in sexual intercourse with the victim E (the age of 25) who suffers from editing mental disorder, and the victim was unable to exercise sexual self-determination due to mental disorder.

Since then, Defendant B exceeded the victim’s chests and panty by using the victim’s chests that the victim cannot resist due to such mental disorder as above, and let the victim deviate from all the victim’s panty and added his panty to the part of the victim’s panty, and had the victim engage in sexual intercourse once by inserting the sexual organ into the part of the victim’s panty.

Accordingly, Defendant B had sexual intercourse with the victim by taking advantage of the victim’s difficulty to resist or resist the victim’s mental disability.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Defendants:

유사 판례

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