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(영문) 춘천지방법원 영월지원 2019.07.04 2019고합15
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

A victim B (the age of 21) is registered as a Grade III intellectual disability. However, the victim B (the age of 21) is an owner of intellectual disability level 43 of the total intelligence index, the social age is 11 years old, and is an owner of intellectual disability level 2 years old, and a person who has no or significant difficulty in exercising sexual self-determination in a state of considerable decrease in knowledge and ability to determine sexual situation.

The Defendant, as a bus engineer, became aware of the victim who is a passenger since 2015 while driving the bus, was aware that there was a disability by engaging in actions such as repeated questioning of the victim at ordinary times or continuing to ask bus fees. On April 20, 2018, the Defendant became aware that there was a intellectual disability to the victim by viewing the victim’s registration card.

1. On April 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of Persons with Disabilities) moved from the bus stops located in Gangwon-gun, Gangwon-gun, Police Officers, to D. D. in the Defendant’s vehicle. After having taken the bus from the vehicle with the victim, the victim was able to have sexual intercourse with the victim by taking advantage of his/her intellectual disability in a state of difficulty in resisting or resisting the victim, and the victim was killed in the victim’s body and his/her human body was moved to D.

The Defendant prepared in advance on the floor so as to cover fat, put the victim lying on the floor, cut the victim’s chest on his hand, cut off the victim’s her will and clothes, and put the Defendant’s sexual organ into the part of the victim’s sound.

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) is unable to resist, or has difficulty in resisting, while the Defendant was making a tobacco set from a bus set at a bus set at the point of the bus set at the Gangseo-gun, Gangwon-do, Seoul Special Metropolitan City E, by the victim who was deprived of the bus set from the bus.

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