(영문) 창원지방법원 통영지원 2019.05.23 2018고합162

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2019.05.23 2018고합162

성폭력범죄의처벌등에관한특례법위반(장애인강간)등

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant was aware that the victim B (the victim 64 years of age) who is a third grade intellectually disabled person who is mixed with the defendant's next house is divided compared to the general public, and was aware that intelligence falls off, and was able to have sexual assault by leading the victim to his house.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature with disabilities) discovered a victim who was fright at a community hall around 17:00 in the middle of February 2, 2018, before the Defendant’s house located in C, and tried to take the victim from the above house, but the victim tried to take care of the victim’s bat and forced him/her to take care of his/her bat, and she laid off the victim on the bend.

The defendant listens to the victim's words "Ick and see it," and the victim's words "Ick and see it," "Ick and see it," and stated that "Ick and see it," "Ick and see it, as we can do so, so, I do not need to do so." The defendant forced the victim to fright the victim's chest, fright the victim's chest, walk the victim's secret with his hand, cut off the victim's boom and panty, and put his finger into the part of the victim's sound.

As a result, the defendant put his fingers into sexual intercourse by assault or intimidation against a person with a mental disability.

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) discovered a victim who was staying at home in the middle of February 2018 between the police officer of the same month and the police officer of the same month at around 17:00, and led him/her to his/her collection plan by force.

The defendant goes off the victim's will and panty forcedly, put his fingers into the part of the victim's sound, and continue to hold the victim's fingers into the part of the victim's sound, and "after hearing the victim's words "after a vegetable vegetable, why it is such vegetable."

유사 판례

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-대구지방법원 경주지원 2019.05.29 2019고단67

-수원지방법원 평택지원 2014.04.23 2013고합121

-서울북부지방법원 2014.10.17 2014고합245