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(영문) 부산지방법원 2012.10.26 2012고합704
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On February 2, 2012, the Defendant became aware of the victim D (n, 17 years of age) of Grade 2 intellectual disability through the Internet C website, and then made a telephone conversation with the victim several times, and he gets a text message on several occasions.

On March 16, 2012, the Defendant agreed to meet with the victim on March 16, 2012. On March 16, 2012, the Defendant driven a ero-car and waited for the victim in G High School F in Busan, while waiting for the victim in the middle-gu, G High School. The victim from the above high school was on the top of the above car operation, and moved to the H playground parking lot in Busan, North-gu.

The defendant, who was prepared in advance, given the victim the mind of the victim's recovery, was able to have sexual intercourse with the victim by taking advantage of the fact that the victim's mental decision-making ability was insufficient, the defendant was able to have sexual intercourse with the victim who was seated in the chief place, and the victim's chest was fluened by his hand.

The Defendant continued to request the victim to move to the back seat of the said vehicle, and moved to the back seat with the victim, and subsequently, demanded the victim to have a sexual intercourse after leaving the victim's panty by cutting off the victim's bridge and cutting off the panty by cutting off the panty, and cutting off the contact with the Defendant, but the victim refused to have a sexual relationship with the victim. However, the Defendant said that the victim would not have a sexual relationship. However, the Defendant did not have a sexual relationship with the victim, while the Defendant stated that the victim "if proposed, it would go to go to the close seat, the victim would not have a sexual relationship with the victim." However, the Defendant attempted to have the wind to refuse to continue to have a sexual relationship.

Accordingly, the Defendant attempted to engage in sexual intercourse with a victim with mental disorders by force of deceptive scheme, but attempted to commit such sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. Each prosecutor and police interrogation protocol of the accused;

1. Statement of the police officer to I;

1. Records of statements made against D;

1. A complaint filed in D;

1. The children and the disabled of J.

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