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(영문) 대구지방법원 서부지원 2019.06.13 2019고합81
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

From November 2017, the Defendant came to know of the victim C (one year, 21 years of age) of intellectual disability 3 through the “B”, a mobile phone-type displayer, and had been aware of the victim C (one year, 21 years of age) in the course of hosting, and had the victim heard the horses of the disabled, and had the victim feel to rape.

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities), induced the victim to “a person with play movable property” and caused the victim living in the water area around the A.M. on December 30, 2017 to get off the vehicle or get off the vehicle in Daegu.

At around 13:30 on the same day, the Defendant called a cab to the victim boarding a taxi in Daegu-gun, directed the victim to " how to open a gate in alley," and let him enter the house of the defendant, and was hidden from the garrising bank by his body.

The defendant, who frightened the victim, "be off, off, gar the clothes, brighting, and knick", said that the victim goes off, concealed, and "if she stops, she shall go off, her own cellular phone," and made the victim go off, and her own clothes, put the victim in the drafting of the victim, her chest in his/her hand, and sexual intercourse with the victim by inserting the victim's chest and anus into the victim's sound and anus.

Accordingly, the defendant raped the victim who is the disabled.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) at around 18:00 on the same day, in a place prescribed in the preceding paragraph, by inserting his/her hand into the inside of the victim who is frighting to rape from the Defendant, such as the same as the preceding paragraph, and cutting off his/her fingers, getting off his/her chest and ship the victim's chest and ship the victim's breast, and promptly her chest.

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

3. From around December 30, 2017 to around December 13:30, 2017, the Defendant was the victim at a so-called so-called “unclaimed house” at the place under the preceding 1. to 2.

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