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(영문) 대구지방법원서부지원 2020.08.27 2020고합36
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is in a marital relationship within the fourth degree with the victim as a birth of a victim B (a family name, a female, 59 years of age, a mental disorder Grade 3).

1. On September 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compacting between the disabled persons, deception, etc.) : (a) in order to take the punishment in the middle of the middle of the 2017 P.m., the Defendant: (b) on the top of P.m., the Defendant 1 ton of cargo vehicles carrying the victim on the front line; and (c) was frighted by drilling the victim’s surface and the broke; (d) he was forced the victim to leave the vehicle on the cargo; (c) the victim was forced to leave the vehicle on the cargo; (d) the victim was laid off on the earth floor; (d) the victim was laid down on the chest of the victim; and (e) the victim’s chest was laid off on the upper part of the soil floor; and (e) the victim was found to have sexual intercourse with the victim by inserting his chest as soon as possible; and (e) the victim’s part was inserted into the victim’s hand.

Accordingly, the defendant has sexual intercourse with the victim with mental disorder by force.

2. On April 2018, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by compulsion in relation to relatives), had a victim who prepared to serve the kitchen food at the victim's residence and the kitchen located in the Seongbuk-gun, Gyeong-gun, Gyeong-gun around 2018.

Accordingly, the defendant committed indecent acts by force against the victim who is a relative of relatives.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the integrated support center for victims of sexual assault (E) stenographic records, report on internal history (Evidence No. 3);

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes;

1. Of concurrent crimes, the crimes of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act are heavier;

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