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(영문) 의정부지방법원 2014.01.10 2013고합461
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

[Defendants and the person who requested attachment order A] Defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

Criminal facts

Defendant

A is a person who resides in the house of the victim F (n, 49 years of age) in both weeks, and the defendant B is a person who resides in the house of the victim's residence, and the defendant C is a relative of the defendant A and was frequently playing in the house of the defendant. The defendant is a married person, the victim is living together, the intellectual disability of the 62 person with the intelligence index is severe, and the victim requests a sexual relation significantly different from his own ability and attempts to make sexual contact, and he is aware that he does not refuse it or report it to the investigation agency.

1. On October 2012, Defendant A: (a) had the victim play at his own house located in G in both weeks at both weeks; and (b) had the victim get off the clothes of the victim; (c) had the victim go off, her chest and sound part, and (d) her fingers and self-defense devices posted the victim’s fingers and self-defense devices into the part of the victim even though the victim complained of the pain.

As a result, the defendant committed an indecent act against the victim by taking advantage of the victim's mental disability in the state of failing to resist, thereby putting the victim with fingers and implements into the victim's sexual organ.

2. Around December 201, Defendant B, upon the victim’s request that the electric scamblinger at the victim’s home was ice and scambling the above electric scamer at the victim’s home, followed the victim’s home, and even though the victim refuses to do so by smelling, Defendant B demanded the victim to promptly scam his sexual organ and had the victim enter the victim as soon as possible.

In addition, around January 2012, around February 2012, around May 2012, and around May 2012, the defendant had the victim enter the victim's residence as soon as possible by the above method.

As a result, the defendant committed an indecent act against the victim by using the victim's state of difficulty to resist due to mental disability, thereby putting the victim's sexual organ into the victim's mouth four times.

3. Defendant C: (a) around October 2012, 201.

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