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(영문) 대구지방법원 안동지원 2018.09.06 2018고합30
성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)등
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who has a relationship with the victim C (one's life, half's age, 52) who is a person with a physical disability of the second degree.

The defendant continues to have the victim hedging

The defect is found to be caused by the victim's house, and the victim was threatened, and sexual assault was committed.

1. On April 8, 2018, the Defendant: (a) found the victim’s house located in Ansan-si, A around 22:00, and took advantage of the victim’s house, “A dead, dead, and dead, who died of his phone”; (b) brought the victim with excessive (10cm in length of the knife) a dangerous object stored in the kitchen, which was kept in the kitchen, of the kitchen.”

Accordingly, when the damaged knife knife knife the above excessive knife, the defendant is not aware of it.

“In the course of being kept in the kitchen, the kitchen knife, which is a dangerous thing that had been kept in the kitchen kitchen, threatened the victim and the victim with the kitchen knife (20 cm length on the knife). In other words, the victim’s head was shaken, knife the victim’s head knife, and the victim’s head was knife with the knife and so on.

As a result, the Defendant carried a dangerous object with a kitchen and a kitchen, thereby inflicting bodily injury on the victim, such as the impairment of the blurry of the two sides that need to be treated for about two weeks.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similarity with the disabled) refers to the victim’s “final defect once” by taking advantage of the situation in which the victim is frighted by the same act as the time and place mentioned in paragraph (1), and by using the situation in which the victim is frighted by the act, and forced the victim to put the victim’s name into the victim’s chest even though the victim refuses it, and prompts the victim’s chest.

“In threateningly, she was off the victim’s panty and panty, and was put into the part of the victim’s sound.

Accordingly, the defendant abused the victim who is a physically disabled person of the second degree, and then put the victim's fingers into the victim's sexual organ and rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol C: 1. Statement by the Prosecutor;

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