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(영문) 대전지방법원 공주지원 2019.02.27 2018고합35
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The Defendant was diagnosed as falling under the scope of the intellectual disability (class 2) of the victim B (a 22 years old, intellectual disability 3 years old, and intellectual disability 3) and the adjoining neighbors with frequent traffic. The victim falls under the scope of the overall intelligence (K-WAS-III) 49 years old, social age (SA) 7 years old, and social index 46 years old, as a result of the Intelligent Inspection (K-WAS-III) conducted on September 7, 2010 on which 15 years old and 9 years old and 17 years old and 17 years old and 17 years old and 17 years old and 17 years old and 2 years old and 3 years old and 3 years old and 46 years old, and the victim falls under the scope of interaction between social and social disability (SS) and social disability (SS).

The Defendant had been aware of the fact that it is difficult for the Defendant to protect the victim as his parents are intellectually disabled, and it is difficult to protect the victim, even if the Defendant attempted to contact the victim's body, because the victim has a intellectual disability, and there is difficulty in understanding the victim's opinion, such as speaking and speaking.

1. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (condecent Act by compulsion against the disabled) committed at the victim’s home in 2015 asked the victim who reported TV at the victim’s home at the time of his / her official holiday around the day and night in 2015 that the victim “dices............... the victim was able to commit an indecent act against the victim’s home by drinking the victim’s mind that the victim would have been able to commit an indecent act against the victim’s home, and made the victim fit for her ear, and she was frighted

As a result, the defendant committed an indecent act against the victim by using the victim's difficulty in resisting due to mental disability.

2. The Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed at the Defendant’s home, shall be described in paragraph (1) at the time of the lapse of the year 2015.

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