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(영문) 광주지방법원 2017.03.31 2016고합498
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

1. On May 2014, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g. a deceptive scheme against persons with disabilities) and the Defendant, was found to have committed a crime committed by the victim D, who was a disabled person of Grade II with intellectual disability with the same loans from South Masung-gun B, and the victim D, who was a disabled person of Grade II with the same loans from around May 2014 (e.g., the victim’s guardian, the birth on June 198, and the age of 18), was aware that if both the mother and the mother, who is the guardian of the victim, are married to the victim at the end of his/her life.

On the spring 2015, the Defendant opened a door door to the victim and entered the door, knowing that both the mother and the mother, who are the guardian of the victim, are not in the house.

In addition, the Defendant placed the victim who was seated on the floor of the bed room and reported TV on the floor, and tried to get out of the victim's panty and panty, and the victim does not want to do so.

In spite of the fact that the victim is actively unable to resist or resist due to intellectual disorder, it is well known that the victim is unable to resist or resist by disregarding the victim's words, and it goes off the victim's will and panty as it is, and inserted the sexual organ into the part of the victim's sound.

Accordingly, the defendant had sexual intercourse with the victim who has a mental disability by force by infringing upon the victim's residence.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g. between disabled persons);

A. In the vicinity of the above victim’s house, the Defendant: (a) was driving a Echier HG car in the vicinity of the said victim’s house; and (b) discovered that the said victim is walking, the Defendant was carrying the victim on the said vehicle by saying, “Irrrrrrrrrrrrrrrrrt” to the victim, who found that the said victim is walking.

In addition, the Defendant, in the same military F and H-free telecom I, has operated the joint telecom with “J”, “K”, and “H-free telecom” in “J”, “K”, and “H-free telecom.” On January 25, 2016, the Defendant integrated into “H-free telecom” on the following grounds: (a) the alteration of the business area and the alteration of the business explanation.

The place of crime is "J" or "K" before integration, and the following:

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