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(영문) 인천지방법원 2016.05.13 2016고합135
성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was well aware of the fact that the defendant was in a friendship relationship with E, which is the third degree of the victim D (math, 22 years of age, intellectual disability 2 level), and that the victim was in a intellectual disability while suffering from the victim's house to visit the friendship E, which is living in the same house as the victim.

The Defendant had committed an indecent act against the victim by using the victim’s disability.

1. The defendant argues that he/she will be respected by the victim's house located in the Nam-gu Incheon Metropolitan City F around December 2, 2015, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., similarity with disability)

In this regard, the male-shaped self-defense body in the shape of the sexual flag, which was kept in the head of the Si/Gun/Gu, was taken by the victim, who shows and takes a adult obscene video, in the front room of the defendant's house located in Nam-gu, Incheon, and after the rear, the victim was able to bring about the part of the victim's sexual flag by gathering the body of self-defense body in the shape of the male sexual flag, which was kept in the head of the Si/Gun/Gu. In this case, even though the victim said that the victim "do not speaks," he exceeded the victim's inner organ, and inserted the male-shaped self-defense body in the shape of the sexual flag into the part of the victim's sexual organ.

As a result, the defendant committed a similar sexual act to put the victim's sexual organ into the victim's sexual organ with his/her state of difficulty in resisting the victim due to mental disability.

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

A. On the road at the entrance of H, the Defendant scam in the victim’s house located in the Nam-gu Incheon Metropolitan City F around December 2, 2015 that the victim scam at the victim’s house located in the Nam-gu, Incheon Metropolitan City.

In other words, the victim's chests and buckbucks are able to come up with the victim's chests and her pans and pansty, and the victim's conspiracy is made by inserting the victim's house at the entrance entrance of the H located in the Nam-gu Incheon Metropolitan City F, and making the victim's chests and her bucks with the victim's pans and pansty.

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