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(영문) 서울남부지방법원 2020.03.27 2019고합497
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

The defendant shall be punished by imprisonment with prison labor for not less than two years and six months, and imprisonment with prison labor for not less than one year and six months.

Reasons

Criminal facts

On August 16, 2010, the defendant and the person against whom the attachment order was requested (hereinafter referred to as "defendants") issued a summary order of KRW 5 million for the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul Western District Court (Indecent Acts at the Public Space), and on October 2, 2013, the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape Quasi-rape, etc.) at the Ansan District Court's Ansan Branch, the Supreme Prosecutors' Office indictment and the Rules on the Punishment of Crimes to be Stated in the Non-prosecution of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts by compulsion) appear to be an accurate name of the crime. However, the case name of the judgment of the case in the Suwon District Court is to be described as it is without fail.

(hereinafter the same shall apply)

On August 18, 2014, one year of imprisonment and the execution of the above sentence was terminated. On February 16, 2016, the Suwon District Court sentenced one year and two months of imprisonment due to indecent act by compulsion, etc., and the above judgment was finalized on April 11, 2016. On September 1, 2017, the Seoul Southern District Court sentenced one year and six months of imprisonment due to indecent act by compulsion, etc., and the above judgment was finalized on January 9, 2019, and on January 22, 2020, the above judgment became final and conclusive on January 30, 2020.

【Criminal Facts】

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) was committed by inducing the victim to have sexual intercourse with the victim, knowing that the victim’s intellectual disability Type 3, a disabled person with mental disability (hereinafter “victim, 40 years of age”), who was 846, in the vicinity of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, was exposed to sexual intercourse by attracting the victim to have a intellectual disability falling short of the language-making ability and recognition ability compared to the normal person.

피고인은 2015. 여름경 위 영등포역 부근에서 피해자에게 “부산에 바람 쐬러 가자.”라고 말하여 이에 응한 피해자와 함께 새마을호 기차를...

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