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(영문) 광주지방법원 2020.03.20 2019고합535
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant is a child or juvenile-related institution, etc.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") shall correct the phrase "D" as stated in the victim B written indictment, as it is obvious that it is a clerical error in B.

(A) In the same village as 54 years of age, the victim is a mentally disabled person of the second degree of intellectual disability in the mental retardation. The social age was well aware of the circumstance that the victim is a person who has a mental ability to adapt to society with a low level of four years of age and seven months and has a lack of communication ability, social ability, understanding or judgment and that it is difficult to actually express or exercise his or her sexual self-determination right due to mental disability.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On July 21, 2019, the Defendant, at around 17:35, 2019, posted the victim’s chests and her fingers by hand from the victim’s house room located in Mannam-gun C, to the victim’s sexual organ, and continued to be off his/her clothes and clothes, and put his/her sexual organ into the victim’s sexual organ.

B. On August 15, 2019, the Defendant was above the Defendant around 14:18.

At the location of subsections, the victim's chest and scarcity were scarcityd with the victim's breast and fingers, and continued to be exempted from both the victim's clothes and clothes, and put his sexual organ into the victim's sexual organ.

Accordingly, the defendant has sexual intercourse with the victim two times by taking advantage of the difficulty of resistance due to mental disability.

2. On August 14, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a person with a disability quasi-indecent act by compulsion) is above the age of the Defendant.

At the location of subsections, the victim's chest and her mother were leaked.

Accordingly, the defendant committed an indecent act against the victim by using the state of difficulty in resistance due to mental disability.

The Defendant, as above, committed a sexual crime against the victim who is a disabled person, and recommits a sexual crime.

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