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(영문) 광주지방법원 2018.10.26 2017고합503
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant was sentenced to the degree of death of the victim B (math, 15 years of age, intellectual disability 2nd degree), and the mother of the Defendant was aware of the victim’s intellectual disability in the course of coming from his family and coming from the Defendant’s family after his parents divorced, and the victim did not easily refuse the Defendant’s instructions. In order to engage in sexual intercourse and indecent conduct.

1. From February 2016 to April 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., deceptive means, etc. against the disabled) demanded that the victim, who was living in the Defendant’s office at the Defendant’s office of the Seo-gu Seo-gu apartment D head, Seo-gu, Gwangju, called the Defendant’s office, called “the Defendant’s mother-child cell phone,” which is the mother E, the Defendant’s mother-child victim’s mother-child cell phone, and continued to call to the refused victim and called “a victim who refuses to do so.” If the victim did not respond to the Defendant’s request, the injured party saw heavy to cause danger and injury to the victim’s personal body, caused the victim to go off the victim’s clothes, and then inserted the victim’s body into the Defendant’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against persons with disabilities) committed by the Defendant on the day from 20:00 to 21:00 of the same day, the victim’s sexual intercourse with the victim’s side on which television was reported at the above Defendant’s home during the period from 20:00 to 21:00 of the same day by taking advantage of the situation that the victim was unable to immediately refuse due to intellectual disorder.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

Summary of Evidence

1. Each legal statement of witness B and F;

1. B’s statements and stenographic records contained in each video CD;

1. Statement 1. F with respect to F.

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