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(영문) 부산지방법원 동부지원 2014.04.11 2013고합208
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

Defendants shall be punished by imprisonment for not less than two years and six months.

However, the defendants are individually from the date of this judgment.

Reasons

Punishment of the crime

The defendants are disabled persons of Grade 3 in each intellectual disability in Busan City, who are living in the same way as Chewing gum, water collection, galm, etc. in the victim D(W, 30 years of age) with the disabled persons of Grade 2 in the intellectual disability, who return to the defendant A and the victim E(W, 36 years of age) with the disabled persons of Grade 3 in the intellectual disability and live together with the defendant B and about 17 years of age since around January 2013.

On January 2013, the Defendants and the victims came to know of the fact at the Yangsan Association in Yangsan, and they also flick and blurged together, such as walking gum, guming gum, etc.

In the meantime, the Defendants committed each of the following crimes against the victims when they lack the ability to discern things or make decisions due to their intellectual disorder, using the fact that the victims did not express their normal judgment or active refusal and only a simple threatening action, and they did not resist easily.

1. Defendant A

A. At the latest night on April 9, 2013, the Defendant, at the residence of Busan Shipping Daegu F and G Gnins, had a mind to rape the victim while locked together with the victim E and B, and living female D. The Defendant had sexual intercourse by inserting one’s sexual organ into the victim’s sexual organ by inserting the victim’s hand in his/her clothes, making the victim’s chest and sexual organ into his/her clothes, making the victim’s chest and sexual organ into his/her clothes, making the victim’s fry refuses to “ma” but fright the victim refuses to “ma,” but making it impossible for the victim to resist. However, the Defendant had sexual organ inserted into the victim’s sexual organ by force.

Accordingly, the defendant had sexual intercourse E, a female victim with mental disability by force.

B. At around 02:10 on April 20, 2013, the Defendant was on the part of the Defendant, who was locked with the victim E, B, and male and female D, with the IMocom 205 located in the Busan Seo-gu, Busan, and the victim E, B, and Dong Dong.

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