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(영문) 제주지방법원 2015.07.16 2014고합233
성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On May 30, 2013, the Defendant was sentenced to 10 months in the Jeju District Court due to night buildings, intrusion upon buildings, larceny, etc., and completed the execution of the sentence in the Jeju Prison on February 27, 2014.

1. On May 27, 2014, the Defendant: (a) discovered the victim’s right to communication or social judgment due to a mental disability and failed to properly understand the meaning of sexual behavior; (b) attempted to commit indecent acts against sexual assault by using a situation where it is impossible or considerably difficult to resist sexual assault, physically, in light of the fact that the victim was living in an apartment building such as the victim C (the age of 26, intellectual disability 1, intelligence index 47, and social age 7.6).

At around 21:05 on the same day, the Defendant entered the victim into the Mart and 21:05, agreed that the victim will die, carried the body as he displayed, pushed the victim behind the victim who was in the next direction, and kiddddddddly, the victim's chest part by hand and kid the victim's chest.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disability such as failing to resist or failing to resist.

2. On May 27, 2014, the Defendant continued to violate the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape of Persons with Disabilities) and continued to go together with the victim by leaving the victim and leaving the victim home on May 27, 2014. On the same day, the Defendant saw the victim to have sexual intercourse with the victim at around 21:20 on the same day, and, at around 21:20 on the same day, got the victim to have sexual intercourse with the victim. The Defendant her her her her her her her her her her her her her her her her with

In addition, the defendant is lying the victim into the bed, putting the victim on the bed, putting the victim off his upper part and brush, putting the chest out of the victim's upper part and brush, and brue his hand.

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