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(영문) 서울북부지방법원 2016.11.18 2016고합145
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)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

The defendant is the father of the victim C(n, 19 years of age) with intellectual disability 3.

When the victim gets divorced from his wife at the time of his death, the victim was able to have his wife and her body with the victim, and the victim was able to have his wife and her body frequently.

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

A. The Defendant, at the time of the influent new wall of 2014, under the influence of alcohol in the Defendant’s residence located in Jung-gu Seoul Metropolitan Government (Seoul) around the day of 2014, called “I am off.. 30,00 won am. am.” The Defendant made the victim off his clothes and forced the victim to be off his/her clothes, and immediately changed his/her sexual organ, but the victim was refused to reject, thereby making the victim raise his/her body as soon as he/she did not give money to the victim, and sexual intercourse with the victim once.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

B. At the end of January 2, 2014 or around January 2, 2015, the Defendant instructed the victim to be off 25,000 won in his/her dwelling at the time of the instant Defendant’s new wall, and ordered the victim to be off his/her clothes in his/her dwelling, so that the victim drinking, who was off his/her clothes, exceeded his/her clothes, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. Around 02:50 on March 28, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) talks about the life of a person who is unable to return home under the influence of alcohol in the Defendant’s residence located in Jung-gu Seoul, Jung-gu, Seoul, and the victim’s knife and knife the Defendant’s knife and kn

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Each legal statement of witness F and G;

1. The statement of the victim recorded in each video recording CD;

1. Text messages by G and investigators;

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