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(영문) 대전지방법원 2017.01.12 2016고합390
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The seized Samsung Tallon 2 (No. 2) shall be confiscated.

Reasons

Punishment of the crime

The Defendant is a person with a mental disorder that is socially isolated, such as the victim D (math, April 1956) and the victim E (math, February 193, 199) who had been in an internal relationship from around December 2014. The victim E (math, February 1, 1993) is under mental treatment for about five years since the above D’s father, and is under mental treatment for about five years since his memory and concentration. In the respect of personal relations, the memory and concentration are low, and the desire in daily life is reduced, and is a person with a physical disability of Grade III, and the victim F (math, May 58) is a person with a fact between the Defendant and the G mountain conference of the mountain conference of which the president is the president.

1. Defendant 1 knew to the above D and undermining the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct against Persons with Disabilities) committed an indecent act against the victim by using the victim’s disability with knowledge that there was such mental disability as the victim E was receiving mental treatment, and the victim’s ability to adapt to society is reduced compared to women at the beginning of the 20th century.

A. From October 2, 2015 to October 11, 2010, the Defendant accepted the toilet door at the request of the victim (the age of 22 at that time) located in Y in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do from around 10:0 to around 200, and then, received the toilet door at the request of the above D, and then “to see h. h. h. h. h. h. h. h. h. h. h. h. h. for the victim to report TV due to the victim’s room,” and the victim was forced to use the victim’s non-able state of resistance due to mental disorder as above, and then, “h. h. h. h. h. h. h. h. h. h.

“In doing so, the victim committed an indecent act by talking the victim’s negative part by hand.”

B. In the vinyl of the Defendant’s residence located in Geumnam-gun, Geumsan-gun around 15:00 in October 2015, the Defendant shown several images of sexual intercourses, such as Westyang and Japan, in which the victimized person was unable to resist due to any mental disorder as above, using the victim’s condition of resistance.

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