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(영문) 춘천지방법원 영월지원 2016.07.07 2016고합6
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant was a person who, by the introduction of Ngrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

The victim F(F) is a disabled person of Grade 2 (Intelligent Index 45, and 7 years old and 10 months as a result of a social maturity inspection) with intellectual disability; the victim’s mother was asked by G to take care of G in light of around 2002; G; and G resided in the same Section; from around 2005 to the end of September 2009, G resided in the same E and became aware of the Defendant and the victim.

The defendant was aware that the victim was unable to resist or resist due to intellectual disability, and that he was unable to make a decision-making and sexual self-determination ability, such as living based on G due to impossibility of independent living, etc., and that he was unable to resist or resist, and that he used it to have sexual intercourse with the victim.

1. The Defendant: (a) made the victim enter the room located adjacent to the above E-U.S. around May 2009 on a date without prejudice; (b) made the victim enter the room adjacent to the said E-U.S.; and (c) made the victim “I am off” to the victim; and (d) refused the victim

In other words, even though the victim refused, he/she exceeded his/her clothes and exceeded his/her clothes, and added his/her sexual organ to his/her sexual organ in the victim's sexual organ, and had sexual intercourse once.

2. The Defendant: (a) allowed the victim to enter the same place at the same time as at the time from the date stated in the above paragraph 1; (b) exceeded the victim’s her clothes; and (c) went off from the victim’s sexual organ at the victim’s sexual organ; and (d) inserted the victim’s sexual organ into the victim’s sexual organ.

As a result, the Defendant had sexual intercourses with the victim twice by taking advantage of the victim's mental disability that the victim was unable to resist.

2...

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