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(영문) 대구지방법원 서부지원 2014.10.02 2014고합112
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant died as a part of the victim C (n, 21 years of age, 2 years of age, 44 years of intelligence index) and the wife of the defendant around February 25, 2013.

As the victim has a level of intellectual disability of the gravity, the defendant was aware that his ability to refuse or report his/her sexual intercourse is lacking, his/her ability to make his/her own decision or express his/her own opinion is weak, his/her personal relationship or emotional reaction is insufficient, and his/her ability to refuse another person's request is insufficient and his/her ability to properly refuse another person's request is insufficient, and the defendant was willing to have sexual intercourse with the victim knowing that he/she has no ability to refuse or report his/her sexual intercourse.

1. From March 2012, the Defendant committed the crime, around March 2012, at the Defendant’s house located in Daegu Suwon-gu D, the Defendant’s wife knew of the fact that the Defendant’s wife was married in singing the Defendant’s house, forced the victim to be off his clothes, and the victim forced the victim to be off his body from his clothes, and sexual intercourse once with the victim.

2. On May 1, 2013, the Defendant committed a crime in early 16:00 on May 2013, 2013, at the Defendant’s home, the Defendant heard the horses that the Defendant would see on behalf of the wife of the Defendant who died of the victim, forced the victim to be off his/her clothes, and forced the victim to be off his/her clothes, and the victim forced the victim to be out of his/her clothes, thereby having sexual intercourse with the victim once.

3. On May 2013, the Defendant committed a crime in May 2013, around 16:00, and around 16:00 on May 2013, 201, at the Defendant’s house, listen to the horses of the Defendant, on behalf of the wife of the Defendant who died of the victim, and the victim forced the victim to be off his clothes, and forced the victim to be off her body, and the victim forced the victim to be off her clothes, had sexual intercourse once with the victim.

4. Around June 18, 2013, the Defendant committed a crime at around 12:00 on June 18, 2013 at the parents and parents of the victim and the victim.

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