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(영문) 대전지방법원 홍성지원 2013.08.22 2013고합11
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of five years.

Defendant

Information on A is disclosed to the public.

Reasons

Punishment of the crime

1. Around 10:00 on January 28, 2013, Defendant A: (a) was driven by the E Cargo Vehicles, and was collected in G, a Dong N, the same as Dong N, Chungcheongnam-gun, Chungcheongnam-gun, the Republic of Korea residents; (b) proposed that the victim H (V) who is a disabled person of Grade II with intellectual disability with G and its wife, would put the victim into a bath, with the knowledge that he/she would bring the victim to a bath. However, G would put the victim into a bath with the truck of the Defendant only by bringing the victim into a bath.

On January 28, 2013, the Defendant, while moving as above, was at the time of 10:10, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, where only the victim had been placed, parked the said cargo with the intent of having the victim sexual intercourse, and then, the Defendant, using the situation where the victim had been placed in the train, had the victim engage in sexual intercourse with the Defendant, with the victim at the time of having the victim sexual intercourse with the victim, and at the same time, said, “the victim was off the clothes, off the clothes, and off the clothes,” and said, “the victim was sexual intercourse with the victim with the mental disability once by force.”

2. Defendant B

A. On July 10, 201, at around 10:00, the Defendant: (a) in the agricultural road near the Defendant’s house located in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun; (b) in the Dong-gun, the victim H (n, e.g., age 51) who had been living in the same Dong-gun for a long time, was aware of the fact that intelligence falls short of normal conditions; and (c) obstructed the victim by having the victim stop, and committed an indecent act by taking advantage of the victim’s mental disability, by taking advantage of the victim’s failure to resist.

B. At around 13:00 on July 201, the Defendant: (a) stopped the victim in the same manner; and (b) used that the victim was unable to resist due to mental disability, thereby committing an indecent act against the victim.

C. The Defendant around August 101, 201, around 10:00, near the victim’s house in Western-gun F.

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