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(영문) 창원지방법원 2013.11.28 2013고합277
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) the victim C (hereinafter, 17 years of age) who became aware of a mobile phone hosting marth through Stockholm, was merely 8.67 years of age and has a physical disorder (intelligent 67); and (b) the social function level is merely 8.67 years of age, thereby realizing that there was an obstacle to communication and personal relations, etc.; and (c) the Defendant was willing to have sexually assault the victim.

1. Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Disabled Persons);

가. 피고인은 2012. 8. 12. 20:00경 피해자를 D 포르테쿱 승용차에 태우고 창원시 인근을 드라이브하다가 창원시 의창구 E에 있는 F 정문 인근에 주차시킨 후 조수석에 앉아 있는 피해자의 손, 허벅지를 만지고 피해자가 자신을 밀쳐내려고 하는데도 손을 옷 속으로 집어넣고 가슴을 만져 위력으로 정신상의 장애가 있는 피해자를 추행하였다.

B. On August 13, 2012, the Defendant: (a) parked on the near road near F.M. on August 22, 2012, the Defendant committed an indecent act against the victim, who was physically hindered due to the threat of force, by drinking the victim’s bucks and putting the bucks in hand with the bucks inside the bucks; and (b) holding the bucks in hand on hand the bucks; and (c) holding the buck

2. Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On August 15, 2012, around 19:00 on August 15, 2012, the Defendant was trying to engage in sexual intercourse by force with a victim who has a mental disability by leaving the victim’s home at the window G of Changwon-si, leaving the victim’s home, leaving him/her on his/her hand, leaving his/her chest, leaving him/her on his/her hand, and her clothes off, but the victim tried to engage in sexual intercourse with the victim who has a mental disability by putting him/her panty, setting him/her out his/her panty, and resisting him/her.

B. On August 16, 2012, the Defendant, at around 21:00, cut off his clothes from the Defendant’s house and left the Defendant’s house, and went off his clothes, and had sexual intercourse once with the victim who has a mental disorder by force, even though he was forced to do so, even though he was unable to wear the clothes belonging to the Defendant.

C. The Defendant on August 18, 2012.

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