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(영문) 창원지방법원 통영지원 2017.04.13 2016고합89
성폭력범죄의처벌등에관한특례법위반(장애인강간)
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The Defendant was the head of the working group for public labor projects implemented by the Gyeongsung-gun Office of Gyeongsung-gun C, and was well aware of the fact that the Defendant, who works for public labor as a victim D with a mental retardation 3 years old (at least 53 years old) and for a long time, has a mental disorder to the victim.

1. On September 2015, the Defendant committed the crime at around 13:00 on September 2015, 2015, committed the crime: (a) around the F (F) cemetery located in Gyeongnam-gun E, Chungcheongnamnam-gun, the Defendant had the intent to rape the victim by reporting that the victim would be able to enjoy her marriage; and (b) having the intent to rape the victim.

The defendant, while making the victim "one time of defect", put his hand into the victim's upper part, boomed the victim's chest, and panty both the victim's will and panty, put the victim's negative part into the part of the victim's negative part, put the victim's negative part as soon as possible, and inserted the victim's sexual part into the victim's negative part once.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that he has difficulty in resisting or resisting.

2. On October 2015, the Defendant committed the crime at around 13:00 on the date of October 2015, 2015, with the victim’s approximately 13:00, the Defendant thought that the Defendant would rape the victim when he was going to the end of the mountain, saying, “I am going to go to the beginning and going to the mountain.”

The defendant sits down on the part of the victim who is fast and down, frightened the chest of the victim, and pandeed the victim's panty, and inserted the sexual flag into the part of the victim's panty once.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that he has difficulty in resisting or resisting.

2. The summary of the defendant's and his defense counsel's assertion can not engage in sexual intercourse from the time of birth because he cannot have sexual intercourse with the victim, such as the facts charged.

3. Determination

A. Whether the defendant has sexual intercourse with the victim, the defendant is also aware of the fact that the victim has sexual intercourse with the victim.

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