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(영문) 부산지방법원 2014.07.25 2012고합1140
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged in the instant case was known from around 2010 to the point that the victims were disabled persons with intelligence falling off compared to normal conditions while frequently visiting underground shopping malls near the subway stations located in Busan-dong Busan-dong, Busan-dong, and the victim D(the victim 30 years old), the victim E(the victim 30 years old), and the victim E(the victim 30 years old) of the mental retardation disorder.

Defendant

A1) On November 6, 2011, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. with Disabled Persons) was sing in the victim D, B, and E, and singing in the singing room near the said written space, around 00:0 on November 7, 2011, the Defendant got the victim “at home” and induced the victim “B and E to move the victim to the Defendant’s house located in Busanjin-gu, Busan, and 0:0 on the same day, the Defendant was aware that the victim was at least 3 level with mental retardation disorder and the ability to distinguish things and reality from normal ones, and, at least 0:0 on the same day, the victim was released from the victim’s body, and the victim was off from the victim’s body, and the victim was sing in the form of sexual intercourse with the victim’s sexual organ, etc. at least 2,000,000,000.

At that place, the defendant was accommodated with the victim in a trade name with the victim, and the victim was asked to be off the victim by using the victim's failure to refuse his/her request due to the victim's drinking or playing together, and the victim refused such request.

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