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(영문) 부산지방법원 2012.12.07 2012고합502
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant registered Suwon-gu C, Busan, and currently operates "C by employing 13 disabled persons after being provided with the second floor workplace in the factory under the condition of a year contract with D(State) in Busan, and the victim E (n, 29 years old) is a person employed by the defendant as a class 3 of intellectual disability and worked in the above "C".

The Defendant engaged in affairs related to persons with disabilities, such as the F Association and C, for at least ten years, and was well aware of the characteristics of persons with disabilities compared to anyone with intellectual disability, and thus, the victim is less infinitely unable to seek a new workplace due to the characteristics of the disabled, and the victim in the relationship between the employer and the employee is practically difficult to seek a new workplace, and compared with the Defendant, who is an employer of the difficult workplace, with the intention of not having actively set a defense against the demand of the Defendant, or had the victim committed a indecent act and sexual intercourse with the victim by threateninging the victim’s father.

1. On May 2009, the Defendant: (a) around May 2009, in the “C” toilet located in the Dong-gu Busan Metropolitan City, the Defendant reported the victim to the toilet; and (b) followed by the victim’s walking, left the toilet; (c) made the chest quickly; (d) included the victim’s hand in the part of the part of the victim, thereby committing an indecent act by force against the victim.

2. Lanely sound;

A. On October 201, the Defendant: (a) had the victim at the Geum-gu, Busan, Fung-gu, Busan, HMoMoMo-gu, off the clothes by deeming the victim “Is the water to be taken,” and (b) had the victim enter the bath room to prompt the victim’s chest; and (c) inserted the victim’s her finger with her finger, her finger, and her sexual organ into the drinking room by force; and (d) had the victim her sexual intercourse once with the victim, who is a mental and physical disability.

B. From October 201 to December 12 of the same year, the Defendant’s above-mentioned at the Hemmo-gu Busan Simdong around 11:0 to 12:00 on Sundays 11 to 12:00.

in such a manner as provided in subsection (1).

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