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(영문) 수원지방법원 여주지원 2019.08.08 2019고합41
성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The victim B (the family name, the 24 years old) is the intelligence index 44 to 46, the intellectual disability 2 with the social age of 7 years, and the person who is in a state of difficulty or difficulty in resisting to the extent that he/she cannot exercise his/her right to sexual self-determination normally due to his/her intellectual disability because of his/her normal disorder.

1. Around 20:00 on June 3, 2019, the Defendant: (a) reported that the victim was seated at the bend in the events located in “D Park” located in “D Park,” and (b) took the victim’s chest by her hand despite the victim’s speech, “e.g., h., h.,” and (c) took the victim’s chest by her hand; (b) put the hand into the inner panty, put the victim’s sound part into the inner panty line, put the victim’s finger, and kin the victim’s sound part.

Accordingly, the defendant committed similar acts to the victim with mental disability, using the state of difficulty in resisting or resisting.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) committed the above act at the above time, at the above place, and thereafter entered the victim’s home after leaving the victim’s home on June 3, 2019.

The defendant exceeded the clothes of the victim even though she saw off the victim's right and clothes, and saw the victim's chest by her being frighted, cut off the victim's right and panty, and her panty, and her fright, her spath and her spath off the victim's spath, and her spath, her spath, and her spath, her spath, and her spath, and continued to her spath by her spath, her spath, and her spath by her spath, and her spath by her spath.

In this respect, the defendant is in a state of difficulty or resistance due to mental disability.

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