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(영문) 대전지방법원 천안지원 2014.03.26 2013고합296
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Text

A defendant shall be punished by imprisonment for six years.

To the person against whom the attachment order is requested, a location tracking electronic device shall be attached for ten years.

Reasons

Criminal facts

In addition, the facts leading to the attachment order [criminal facts] The defendant, who was living together with pro-friendly D's family members, etc. in the Seo-gu, Seoan-gu, Seoan-gu, the defendant, who caused intellectual disability of class 2, E (here 15 years of age) suffering from intellectual disability of class 2, resulting in lack of judgment and intelligence, had the victim's sexual intercourse or indecent act with the victim's speech, using the fact that he necessarily listens to the horses.

1. Around June 2012, the Defendant got out of the family of the above Defendant’s house and induced the Defendant to leave the room in which the victim was left, using the gaps in which the victim was left with his/her body, and led the Defendant to do money. At that place, the Defendant’s hand seems to have taken charge of the victim’s chest and sexual organ, and continued to have sexual intercourse with the victim once after he/she went out of the victim’s will.

2. 2013. 10.경 범행 피고인은 2013. 10.경 제1항 기재 장소에서 위와 같은 방법으로 피해자를 유인한 후 그 곳에서 피해자의 옷을 모두 벗긴 후 피해자의 가슴과 음부를 양손으로 주무르듯 만지고, 계속해서 피해자의 가슴을 입으로 핥는 방법으로 피해자를 추행하였다.

Accordingly, the defendant, who is a child or juvenile with a disability living together, has sexual intercourse with the victim by taking advantage of the state of difficulty in resisting due to mental disability.

[Facts constituting the ground for attachment order] As above, the Defendant is recognized to have committed a sexual crime on two or more occasions, and the Defendant is deemed to have committed a sexual crime against a person under the age of 19 or a person with mental disability, and is likely to recommit the sexual crime in light of the circumstances of the crime, similarity of method of the crime, character and conduct

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report of investigation (where the case is received);

1. Recording notes, investigation reports, sexual crimes against children with disabilities;

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