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(영문) 수원지방법원 평택지원 2015.07.08 2015고합35
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant is a foreign third village of D, and the victim E (the age of 35) is a female-friendly female-gu of D around August 2014 and living together with D around December 27, 2014.

The victim is not capable of living alone in addition to the attendance of the welfare center one to two times a week, because he/she has a mental retardation with the third degree of disability (intelligent Index 75), he/she has a lack of ability to deal with the sign and the second level of accident, has a approximately 9.25 years of age, has a lack of ability to cope with the social situation, and has a welfare center.

The injured party, when she frightened a sound or frightenous speech or behavior due to such mental disorder, she believed and frightened a person with a small sense, such as drinking, drinking, drinking, drinking, drinking, or drinking, and she lived with D and D in the house during 2014, with D and D while she was placed in love with D and D during the period of 2014, and she was able to have more trust and followed D more than their parents.

On August 7, 2014, the Defendant: (a) entered into a contract with D to live together with the victim upon the request of D, “The victim is unable to seek a house that he/she will live after marriage because he/she is unable to get off his/her intellectual ability.”

At around 13:05 on the same day, the Defendant: (a) stated the victim that the victim had been temporarily accommodated with the victim and D at H in the vicinity of the G in Ansan-si G, where the victim had been fluent, that the victim was fluent and fluened, “I would like to do so as inn,” and the victim was refused from the victim, and (b) stated that the victim was 206, which caused the victim’s sound “Idddddd,” and demanded the victim to have sexual intercourse with the victim, and that the victim was fluent with the victim, and that “I would not flud with D if I refused to do so,” and that the victim was off the clothes of the victim, and the body of the victim was above the body of the victim.

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